B.1 Minutes of the October 6, 2009 Briefing and Regular Session Consider the Minutes of the October 6, 2009 Briefing and Regular Session

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1 City of Grand Prairie City Council Regular Meeting Agenda City Hall Plaza 317 West College Street Grand Prairie, Texas Tuesday, October 20, :30 P.M. A.1 Call To Order Invocation: Deputy Mayor Pro Tem Ruthe Jackson Pledge of Allegiance to US Flag and to the Texas Flag led by Council Member Bill Thorn B.0 Consent Agenda B.1 Minutes of the October 6, 2009 Briefing and Regular Session Consider the Minutes of the October 6, 2009 Briefing and Regular Session B.2 Purchase of Replacement Ambulance and Equipment Consider the purchase of one replacement ambulance using the HGAC price agreement at a cost of $137,075, and the purchase of replacement equipment using current City price agreements where applicable at an estimated cost of $6,000. B.3 Purchase of Replacement Fire Engine and Aerial Ladder Truck a. Consider the purchase of a replacement Fire Engine using the BuyBoard price agreement at a cost of $480,915 which includes a full prepayment discount of $18,152. b. Consider the purchase of replacement tools and equipment using current price agreements at an estimated cost of $33,600. c. Consider an ordinance amending the FY 2009/2010 Capital Improvement Projects Budget d. Authorize the City Manager to commit to the purchase of a replacement Aerial Ladder Truck planned in FY 2011 to receive a multi-truck discount of $34,000. Total estimated cost of truck will be $1,031,072 with multi-truck and prepayment discounts to be purchased using the BuyBoard price agreement and FY 2011 funds. Replacement equipment at an estimated cost of $39,000 will be purchased using current price agreements from FY 2011 funds. B.4 Annual Software and Hardware Support and Maintenance Consider authorizing payment for annual software and hardware support and maintenance for Tiburon (Police/Fire) and Lawson (Finance and Human Resources) in the amount of $493,186 B.5 Cabling Work for the Development Center Consider a cabling contract with Flair Data Systems in the amount of $104, B.6 Cellular Antenna Lease with Clearwire US - Robinson Water Tower

2 Consider approval of a lease for a cellular antenna installation on the Robinson Water Tower with Clearwire US B.7 Price Agreement for Electrical Maintenance and Repair Services Consider approval of a one year price agreement for the purchase of electrical maintenance and repair services from R & R Electric at an annual estimated cost of $96,313; authorize Roderick Lee as secondary vendor; and authorize the City Manager to execute four one-year renewal options. B.8 Purchase of a John Deere Dozer Consider the Purchase of a John Deere Dozer at a cost of $498,375 and a six-year, 6,000 hour maintenance agreement at a cost of $34,100 for a total cost of $532,475 through a cooperative purchasing program with Buy Board. B.9 North Central Texas Council of Governments Grant Application for Solid Waste Projects Consider a resolution authorizing a grant application to the North Central Texas Council of Governments for a Municipal Solid Waste Grant totaling $110,000 for a community based social marketing project to increase the residential recycling rate B.10 Sale of Tax Foreclosure Property Consider approval for execution of a redemption deed for the tax foreclosure property located at 1922 Proctor B.11 Tangle Ridge Golf Franchise Agreement and Management Contract Renewal Consider renewal of Golf Franchise Agreement and Management Contract with Mark Viskozki, Golf Management, Inc. (MVGMI), in the amount of $275,000 for the Golf Franchise Agreement and $82,500 for the Golf Management Contract and authorize City Manager to execute future renewals. B.12 Amendment to Interlocal Agreement with the City of Arlington Consider approval of an amendment to the Interlocal Agreement with the City of Arlington for SH 360 and Mayfield Road intersection improvements. B.13 Interlocal Agreement with Tarrant County for Mayfield Road at SH 360 intersection improvements Consider authorizing the City Manager to enter into an Interlocal Agreement with Tarrant County for Mayfield Road at SH 360 intersection improvements. B.14 City Manager's Contract Consider Renewal of City Manager's Contract C.0 Public Hearing Consent Agenda C.1 SU061002A - Specific Use Permit Amendment Skyway Drive (City Council District 4).

3 Consideration of a request for the approval of an Amendment to a Specific Use Permit for the addition of a fence to an existing medical waste facility. The site is currently zoned Light Industrial (LI) District and is generally located on the east side of Skyway Drive between Arkansas Lane and Alouette Drive. On October 5, 2009, the Planning and Zoning Commission postponed this case by a vote of 8-0 until the applicant reactivates the case. C.2 SU Specific Use Permit Jefferson Street (City Council District 2). Consideration of a request for the approval of a Specific Use Permit for an automotive repair facility. The site is currently zoned Commercial (C) District and is generally located south of Jefferson Street and west of Carrier Parkway. The subject property is in Central Business District-Two (CBD-2) and the SH-161 Overlay District. On October 5, 2009, the Planning and Zoning Commission postponed this case by a vote of 8-0 until the applicant reactivates the case. C.3 SU Specific Use Permit E. Main Street (City Council District 5). Consideration of a request for the approval of a Specific Use Permit for automotive sales with minor automotive repair, body shop with paint booth, and state inspection. The site is currently zoned Light Industrial (LI) District and is generally located south of Main Street between 15th Street and 16th Street. This property is located in the Central Business District Three (CBD-3) Overlay District. On October 5, 2009, the Planning and Zoning Commission postponed this case by a vote of 8-0 until the applicant reactivates the case. D.0 Public Hearing on Zoning Applications D.1 S Site Plan - RaceTrac Great Southwest Parkway S. Great Southwest Parkway (City Council District 6). Consideration of a request for the approval of a Site Plan for a convenience store with gasoline sales. The site is currently zoned Planned Development District 33 (PD-33) for general retail uses and is located at the northeast corner of S. Great Southwest Parkway and Bardin Road. This property is located in the Interstate Highway 20 (IH-20) Overlay District. On October 5, 2009, the Planning and Zoning Commission recommended approval of this request by a vote of 8-0. D.2 SU Specific Use Permit E. Main Street (City Council District 5). Consideration of a request for the approval of a Specific Use Permit for a trucking company with outside storage. The site is currently zoned Light Industrial (LI) District and is generally located south of Main Street between 17th Street and 18th Street. This property is located in the Central Business District Three (CBD-3) Overlay District. On October 5, 2009, the Planning and Zoning Commission recommended approval of this request by a vote of 8-0. D.3 SU Specific Use Permit - Novas Auto Shop E. Jefferson Street (City Council District 5).

4 Consideration of a request for the approval of a Specific Use Permit for an automotive repair shop with tire repair. The site is currently zoned Commercial (C) District and is generally located south of Jefferson Street and east of Stephens Parkway. This property is located in the Central Business District Three (CBD-3) Overlay District. On October 5, 2009, the Planning and Zoning Commission recommended approval of this request by a vote of 8-0. D.4 SU Specific Use Permit - Cell Tower TX-DALO W. Warrior Trail (City Council District 2). Consideration of a request for the approval of a Specific Use Permit for a cellular tower that encroaches into the setback of a residential zoning district specified by Section of the Unified Development Code. The site is currently zoned Single Family One (SF-1) District and is generally located south of W. Warrior Trail and east of Corn Valley Road. On October 5, 2009, the Planning and Zoning Commission recommended approval of this request by a vote of 8-0. D.5 TA Text Amendment - Article 4, "Permissible Uses," of the Unified Development Code (UDC). Consideration of a request to amend Section 9, "Small Wind Energy Systems," of Article 4, "Permissible Uses" of the UDC. This amendment will add provisions for rooftop mounted wind turbines, historic/culturally significant structures and additional safety language. On October 5, 2009, the Planning and Zoning Commission recommended approval of this request by a vote of 8-0. D.6 TA Text Amendment - Article 6, "Density and Dimensional Requirements," of the Unified Development Code (UDC). Consideration of a request to amend Section 5, "Minimum Yard Setbacks (Residential)," of Article 6, "Density and Dimensional Requirements," of the UDC and add Section 6, "Carports," to Article 6 "Density and Dimensional Requirements," of the UDC. The purpose of this amendment is to regulate the construction of carports in all Single Family (SF) zoning districts. On October 5, 2009, the Planning and Zoning Commission recommended approval of this request by a vote of 8-0. E.0 Items for Individual Consideration E.1 Drought Contingency Plan Consider an ordinance authorizing a drought contingency plan F.1 Citizen Comments Citizens may speak for up to five minutes on any item not on the agenda by completing and submitting a speaker card. F.2 Adjournment

5 CITY COUNCIL COMMUNICATION From: The Office of the City Manager Date: Subject: Agenda Item No. A.1 Call To Order Invocation: Deputy Mayor Pro Tem Ruthe Jackson Pledge of Allegiance to US Flag and to the Texas Flag led by Council Member Bill Thorn

6 CITY COUNCIL COMMUNICATION From: The Office of the City Manager Date: Subject: Agenda Item No. B.0 Consent Agenda

7 CITY COUNCIL COMMUNICATION From: The Office of the City Manager Date: Subject: Agenda Item No. B.1 Minutes of the October 6, 2009 Briefing and Regular Session Consider the Minutes of the October 6, 2009 Briefing and Regular Session PRESENTER: Cathy DiMaggio, City Secretary RECOMMENDED ACTION: Approve the Minutes of the October 6, 2009 Briefing and Regular Session Attachments: 1. Minutes of the October 6, 2009 Briefing Session 2. Minutes of the October 6, 2009 Regular Session

8 CITY COUNCIL BRIEFING SESSION CITY OF GRAND PRAIRIE OCTOBER 6, 2009 MINUTES The City Council of the City of Grand Prairie, Texas, met in a briefing session prior to the regular City Council meeting on October 6, 2009, 4:30 p.m. in the Council Briefing Room, 317 College Street, with the following members present: Charles England, Mayor Ron Jensen, Mayor Pro Tem Ruthe Jackson, Deputy Mayor Pro Tem Richard Fregoe, Council Member Greg Giessner, Council Member Mark Hepworth, Council Member Tony Shotwell, Council Member Jim Swafford, Council Member Bill Thorn, Council Member With a quorum present, Mayor England called the meeting to order at 4:35 p.m. in accordance with the official agenda posted October 2, A.1 Tarrant County District Budget Mr. Greg Petrey, Director, Tarrant County District, gave an overview of the District Budget and stated that revenues total $20,114,486 (including an $8,388,486 transfer from the Equipment Replacement Fund) and expenditures of $20,114,486. Agenda Review Council Member Hepworth stated he was impressed with Gardener s Lawn Care bid for mowing and Grounds Maintenance Services (Item B.9). Council Member Fregoe asked what nuisance abatement referred to in Item B.9. Bill Crolley, Planning Director, stated that occasionally staff must hire a company to pick up dumped materials from private property. Bill Hills, Housing and Neighborhood Services Director, referred to Item B.12, Homelessness Prevention and Rapid Re-Housing Program, and stated that initially there were three participants: Lifeline Shelter, Grand Prairie United Charities and Brighter Tomorrows. Since Brighter Tomorrows declined participation, the money will now split between the other two agencies. Council Member Swafford distributed the Public Safety/Active Adult Center monthly progress report. Executive Session

9 There was no executive session. Recess The Briefing Session was recessed at 5:00 p.m. THE FOREGOING MINUTES WERE OFFICIALLY APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS, AT THEIR REGULAR MEETING ON OCTOBER 20, Catherine E. DiMaggio, City Secretary

10 CITY OF GRAND PRAIRIE CITY COUNCIL REGULAR SESSION OCTOBER 6, 2009 MINUTES The City Council of the City of Grand Prairie, Texas, met in regular session in the City Council Chambers in City Hall, on October 6, 2009, with the following members present: Charles England, Mayor Ron Jensen, Mayor Pro Tem Ruthe Jackson, Deputy Mayor Pro Tem Richard Fregoe, Council Member Greg Giessner, Council Member Mark Hepworth, Council Member Tony Shotwell, Council Member Jim Swafford, Council Member Bill Thorn, Council Member A.1 Call to Order Mayor England called the meeting to order at 6:37 p.m. Rev. Gifford Long, First United Methodist Church, gave the invocation. Deputy Mayor Pro Tem Jackson led the Pledge of Allegiance to the U.S. Flag and to the Texas Flag. Mayor England recognized the Great Texas Scholars students from Grand Prairie High School and South Grand Prairie High School and commended the Grand Prairie Chamber of Commerce which sponsors this leadership program for students. He also recognized the members of Scout Troop #540 who were in attendance at the meeting. A.2 Presentations a. Employee of the Month Jim Cummings, Environmental Services Director, introduced Echo Rexroad, Senior Environmental Specialist, as Employee of the Month for October. City Manager Tom Hart presented Ms. Rexroad with a city shirt and plaque and thanked her for her dedication to the city. B.0 Consent Agenda Deputy Mayor Pro Tem Jackson moved, seconded by Council Member Fregoe, to approve Item B.1 through Item B.15 on the consent agenda. Ayes: Council Members Fregoe, Giessner, Hepworth, Shotwell, Swafford, Thorn, Deputy Mayor Pro Tem Jackson, Mayor Pro Tem Jensen, and Mayor England Nays: None

11 The motion carried unanimously as follows: B.1 Minutes of the September 15, 2009 Briefing and Regular Session Approve the Minutes of the September 15, 2009 Briefing and Regular Session B Council Meeting Schedule Approve the 2010 Council Meeting Schedule B.3 Tarrant County District Budget Approve the Tarrant County District Budget for FY 2009/2010 B.3 Grand Prairie Arts Council Annual Contract Authorize the City Manager to enter into annual contract with the Grand Prairie Arts Council in the amount of $70,000. B.4 Congregate Meal Program and Transportation a. Ratify an agreement with Dallas Area Agency on Aging for Congregate Meals and Transportation Program, in the total amount of $156, as a reimbursable program, and; b. Authorize a price agreement contract with Labatte Food Service and Ben E. Keith, through an interlocal agreement with State of Texas Contract for the purchase of food commodities in the amount of $75,000 with the intent of going out for bids for food items not listed on state contract estimated at $9,000, and authorize the City Manager to execute a future renewal if funding is appropriated. B.5 Turner Park Disc Golf Project Adopt an ordinance amending the FY 2009/2010 Capital Improvements Project Budget by transferring and appropriating a $40,000 donation from the Grand Prairie Sports Development Corporation for Turner Park Disc Golf. B.6 Price Agreements for Heavy Equipment Maintenance and Repairs Approve two one-year price agreements for heavy equipment maintenance and repairs from CMB Industries, LLC at an annual estimated cost of $25,000 and Frank Bartel Tire at an annual estimated cost of $180,000; and consider authorizing the City Manager to execute four one-year renewal options.

12 B.7 Routine Airport Maintenance Program (RAMP) Grant from Texas Department of Transportation (TxDOT)-Aviation Division Accept an airport maintenance grant from TxDOT-Aviation Division in the amount of $50,000 with a city matching amount of $50,000 B.8 Transit Contract for American Recovery and Reinvestment Act of 2009 for the Grand Connection Transit System Adopt a resolution to receive American Recovery and Reinvestment Act of 2009 funds in the amount of $192,500 for the Grand Connection B.9 Mowing and Grounds Maintenance Services Contract Approve a one-year price agreement for mowing maintenance service for lots/acreage mowing, illegal dumping cleanup and nuisance abatement, with Gardner's Lawn Care at an estimated annual cost of $80,593; and consider authorizing the City Manager to execute up to four available one-year renewal options. B.10 Well 25 Booster Pump Station Improvements a. Approve a construction contract for Well 25 Booster Pump Station Improvements with N. G. Painting, L.P. with a lump sum bid of $627,500 with a 5% contingency of $31,375 for a total project cost of $658,875 b. Adopt an ordinance amending the FY 2009/2010 Capital Improvements Project Budget B.11 Change Order 8 - Arkansas Lane and Warrior Trail Paving Project Approve Change Order/Amendment No. 8 with Mario Sinacola & Sons Excavation, Inc. in the net negative amount of ($10,080) for various modifications on Arkansas Lane B.12 Homelessness Prevention and Rapid Re-Housing Program Adopt an ordinance approving the Homelessness Prevention and Rapid Re-Housing Program (HPRP) and Allocation of Funds B.13 Consent for Project for CareFlite Adopt a resolution giving consent for financing for a CareFlite project by the Issuer of the Project for Health Care Equipment Consisting of Helicopters, Ambulances and Other Healthcare Projects B.14 Landfill Gas Collection and Control System Expansion Approve a professional services contract with Weaver Boos Consultants, LLC-Southwest in the amount of $59,800, for engineering services for the fifth phase of the landfill gas collection and control system expansion

13 B.15 Utility Easement Abandonment (Near the Intersection of N. Grand Peninsula and Barco) Adopt an ordinance to abandon an unneeded 4.5 foot wide portion of a 7.5 foot wide utility easement, located at 2955 Barco, near the intersection of N. Grand Peninsula and Barco C.0 Public Hearing Consent Agenda There were no hearings on the Consent Agenda. D.0 Public Hearing on Zoning Applications There were no hearings on Zoning Applications. E.0 Items for Individual Consideration E.1 Board and Commission Appointments Deputy Mayor Pro Tem Jackson moved, seconded by Council Member Swafford, to make the following appointments to city boards and commissions: Thomas Simms to the Animal Shelter Advisory Board with a term to expire July 31, 2011; Vance Roper to the Building Advisory and Appeals Board with a term to expire July 31, 2011; Maricella Lira as an Alternate to the Zoning Board of Adjustments and Appeals, with a term to expire July 31, Ayes: Council Members Fregoe, Giessner, Hepworth, Shotwell, Swafford, Thorn, Deputy Mayor Pro Tem Jackson, Mayor Pro Tem Jensen, and Mayor England Nays: None The motion carried unanimously. F.1 Citizen Comments Larry Slaton, 222 N. Center, Apt. 104, called for citizens to spend their money in Grand Prairie, and said that the Uptown Theatre and the Air Hogs Stadium were just a few of the ways citizens show their support for the city. Mr. Slaton thanked the City Council for their leadership and service and for their committed stewardship with the city s fiscal and natural resources. F.2 Adjournment Mayor England recognized Deputy Mayor Pro Tem Ruthe Jackson who received the 2009 Lifetime Achievement Award from Texas Urban Forresters, last Thursday. Deputy Mayor Pro Tem Jackson said it was a real honor to receive the award and thanked Mr. Hart and Rick Herold, Parks Director, for accompanying her to receive the award.

14 Mr. Hart recognized Amy Sprinkles, Marketing Director, and the Marketing and Communications Department for having received two First Place awards and three Second Place awards from the City-County Communications and Marketing Association. Council Member Fregoe stated that he had recently attended the DFW Taiwanese delegation banquet. During that meeting the Magistrate of Taoyuan County, Taiwan was recognized as well as eleven 5 th graders from Gueishan who spent a week visiting Grand Prairie. Mr. Fregoe presented a plaque from the Taoyuan County Magistrate recognizing Mayor England for enhancing the Sister City Relationship of Grand Prairie and Gueishan and Dallas County and Taoyuan County. Deputy Mayor Pro Tem Jackson stated that October is National Fire Safety Month, and asked that our citizens take this opportunity to honor our firemen. Mrs. Jackson announced an Hispanic Heritage event which would be held on October 10 from 9:00 a.m. to 3:00 p.m. Mayor England showed the Corsair Goldwing Aircraft holiday ornament which commemorates the city s centennial and stated they were currently for sale at the Tourist Information Center and City Hall. The meeting was adjourned at 7:00 p.m. THE FOREGOING MINUTES WERE OFFICIALLY APPROVED BY THE CITY COUNCIL ON OCTOBER 6, Catherine E. DiMaggio, City Secretary

15 CITY COUNCIL COMMUNICATION From: The Office of the City Manager Date: Subject: Agenda Item No. B.2 Purchase of Replacement Ambulance and Equipment Consider the purchase of one replacement ambulance using the HGAC price agreement at a cost of $137,075, and the purchase of replacement equipment using current City price agreements where applicable at an estimated cost of $6,000. PRESENTER: Clif Nelson, Fire Chief RECOMMENDED ACTION: Authorize the purchase of an ambulance using the HGAC price agreement at a cost of $137,075 and authorize the purchase of replacing equipment using current City price agreements where applicable at an estimated cost of $6,000. ANALYSIS: One ambulance has been approved to be replaced during the FY This new unit is currently slated to go into service at Station 5 with the current unit at Station 5 being placed as a back-up unit at either Station 1 or Station 8. FINANCIAL CONSIDERATION: Funding for the purchase of one replacement ambulance and equipment for the total amount of $143,075 is available in the Fire Capital Projects Fund (400591), WO # (FY10 Ambulance Replacement). Attachments: 1. Fiscal Impact Form (Capital Budget)

16 CITY OF GRAND PRAIRIE FISCAL IMPACT SUMMARY Account # SECTION I Project Title: Ambulance Replacement Department: Fire Department Project Manager CJ Grippin Vendor No/Name Frazer Expenditure Amount: $143,075 Vendor No/Name Vendor No/Name CURRENT TOTAL APPROPRIATION PREVIOUS APPROPRIATION REMAINING PROJECT CATEGORY APPROPRIATION REQUEST APPROPRIATION ESTIMATE Engr./Design $0 R.O.W. $0 Trucks (68650) $143,170 ($6,000) $0 $137,170 Tools & Equipt $0 $6,000 $0 $6,000 Contingency $0 $0 $0 TOTAL $143,170 $0 $0 $143,170 Explanation of Cost Differences: AMOUNT SECTION II SOURCE OF FUNDS Previous Approp. $143,170 Fire Capital Projects FY 2010 Current Approp. $0 Remaining Approp. $0 TOTAL PROJECT ESTIMATE $143,170

17 CITY COUNCIL COMMUNICATION From: The Office of the City Manager Date: Subject: Agenda Item No. B.3 Purchase of Replacement Fire Engine and Aerial Ladder Truck a. Consider the purchase of a replacement Fire Engine using the BuyBoard price agreement at a cost of $480,915 which includes a full prepayment discount of $18,152. b. Consider the purchase of replacement tools and equipment using current price agreements at an estimated cost of $33,600. c. Consider an ordinance amending the FY 2009/2010 Capital Improvement Projects Budget d. Authorize the City Manager to commit to the purchase of a replacement Aerial Ladder Truck planned in FY 2011 to receive a multi-truck discount of $34,000. Total estimated cost of truck will be $1,031,072 with multi-truck and prepayment discounts to be purchased using the BuyBoard price agreement and FY 2011 funds. Replacement equipment at an estimated cost of $39,000 will be purchased using current price agreements from FY 2011 funds. PRESENTER: Clif Nelson, Fire Chief RECOMMENDED ACTION: a. Authorize the purchase of a Fire Engine using the Buyboard price agreement at a cost of $480,915 which includes a full prepayment discount of $18,152. b. Authorize the purchase of replacement tools and equipment using current City price agreements at an estimated cost of $33,600. c. Adopt an ordinance amending the FY 2009/2010 Capital Improvement Projects Budget d. Authorize the City Manager to commit to the purchase of a replacement Aerial Ladder Truck planned in FY 2011 to receive a multi-truck discount of $34,000. Total estimated cost of truck will be $1,031,072 with multi-truck and prepayment discounts to be purchased using the BuyBoard price agreement and FY 2011 funds. Replacement tools and equipment at an estimated cost of $39,000 will be purchased using current City price agreements from FY 2011 funds. ANALYSIS: One replacement Fire Engine is a planned purchase for FY It is the recommendation of the Fire Department to purchase a 2009 Pierce model using the BuyBoard price agreement from Martin Apparatus, Inc. of Denton, TX at a cost of $499,067 less $18,152 prepayment discount

18 for a total of $480,915. Replacement tools and equipment will be purchased using current City price agreements and area vendors at an estimated cost of $33,600. The replacement of a Aerial Ladder Truck is a planned project for FY By committing to make the purchase from Martin Apparatus with the purchase of the Engine the City will receive a $34,000 multi-truck discount. The City may incur between a 10% to 30% fee should the order be cancelled. FINANCIAL CONSIDERATION: Funding for the purchase of one replacement engine, tools and equipment in the amount of $514,515 is available as follows: 1. $425,000 is available in the Fire Capital Projects Fund (400591), WO # (FY 2010 Engine 6 Replacement); 2. $89,515 is available by approving an ordinance transferring and appropriating from the unobligated fund balance in the Capita Reserve Fund (402590) to WO ## (FY 2010 Engine 6 Replacement). The purchase of one replacement aerial ladder truck, tools and equipment is a planned project in the Fire Capital Projects Fund (400591), FY Attachments: 1. Fiscal Impact Form (Capital Budget) 2. Ordinance

19 CITY OF GRAND PRAIRIE FISCAL IMPACT SUMMARY Account # SECTION I Project Title: Engine Replacement Department: Fire Project Manager Clif Nelson Vendor No/Name Martin Apparatus/2464 Expenditure Amount: $ 514, Vendor No/Name Vendor No/Name CURRENT TOTAL APPROPRIATION PREVIOUS APPROPRIATION REMAINING PROJECT CATEGORY APPROPRIATION REQUEST APPROPRIATION ESTIMATE Engr./Design $0 R.O.W. $0 Construction $0 $0 $0 $0 Capital Outlay (68650) $425,000 $55,915 $0 $480,915 Equipment (68640) $33,600 $33,600 $0 $0 TOTAL $425,000 $89,515 $0 $514,515 Explanation of Cost Differences: AMOUNT SECTION II SOURCE OF FUNDS Previous Approp. $425,000 $425,000 Fire CIP (400591) Current Approp. $89,515 Remaining Approp. $0 TOTAL PROJECT ESTIMATE $514,515

20 ORDINANCE NO. AN ORDINANCE AMENDING THE FY 2009/2010 CAPITAL IMPROVEMENT PROJECTS BUDGET BY TRANSFERRING AND APPROPRIATING $89,515 FROM THE UNOBLIGATED FUND BALANCE IN THE CAPITAL RESERVE FUND (402590) TO THE FIRE CAPITAL PROJECTS FUND (400591), WO # (FY 2010 ENGINE 6 REPLACEMENT). NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS: SECTION 1. THAT THE FY 2009/2010 Capital Improvement Projects Budget be amended by transferring and appropriating $89,515 from the unobligated fund balance in the Capital Reserve Fund (402590) to the Fire Capital Improvement Projects (400591), WO # (FY 2010 ENGINE 6 REPLACEMENT). PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS, THIS THE 20 TH OF OCTOBER, ATTEST: APPROVED: City Secretary Mayor APPROVED AS TO FORM: City Attorney

21 CITY COUNCIL COMMUNICATION From: The Office of the City Manager Date: Subject: Agenda Item No. B.4 Annual Software and Hardware Support and Maintenance Consider authorizing payment for annual software and hardware support and maintenance for Tiburon (Police/Fire) and Lawson (Finance and Human Resources) in the amount of $493,186 PRESENTER: Bob O Neal, Director of Information Technology RECOMMENDED ACTION: Approve the payment of annual hardware and software support and maintenance in the amount of $493,186. ANALYSIS: Authorize the city to pay the following sole providers yearly enterprise hardware and software support and maintenance: Enterprise Function Vendor Amount Police/Fire Tiburon $167,186 Finance/HR NCTCOG/Lawson $326,000 FINANCIAL CONSIDERATION: Funding is provided in the Approved FY 2009/2010 General Fund Budget Information Technology ( ). Attachments: 1. Operating Budget Expenditure Information Form

22 CITY OF GRAND PRAIRIE OPERATING BUDGET EXPENDITURE INFORMATION FUND: General Fund (Fund No. 1001) ACCOUNTING UNIT: AVAILABLE: Computer Software Maintenance $833,625 available balance STAFF CONTACT: Bob O Neal, IT Director VENDOR NUMBER: 4496, 2916 VENDOR NAME: CONTINGENCY: Tiburon, NCTCOG

23 CITY COUNCIL COMMUNICATION From: The Office of the City Manager Date: Subject: Agenda Item No. B.5 Cabling Work for the Development Center Consider a cabling contract with Flair Data Systems in the amount of $104, PRESENTER: Bob O Neal, Director of Information Technology RECOMMENDED ACTION: Approve a cabling contract with Flair Data Systems in the amount of $104, ANALYSIS: As part of a technology infrastructure update, buildings within the municipal complex are being re-cabled to provide end to end reliability along with the throughput required for video streaming, document imaging, and IP telephony. The work is being performed in three phases as budget permits. The first phase, City Hall and Municipal Court building, was accomplished last year. The next phase is the development center, and the final phase will be the CVE Training Center and Parks. Because the recommended vendor is a DIR contractor bidding is not required. FINANCIAL CONSIDERATION: Funding is available in the FY2009/2010 IT Acquisition Fund Budget ( ) in the amount of $104,349. Attachments: 1. Operating Budget Expenditure Information Form

24 CITY OF GRAND PRAIRIE OPERATING BUDGET EXPENDITURE INFORMATION FUND: IT Acquisition Fund (Fund No. 4040) DEPT: Information Technology ACCOUNTING UNIT: AVAILABLE: Data Processing Equipment $250,000 available balance STAFF CONTACT: Bob O Neal, IT Director VENDOR NUMBER: VENDOR NAME: CONTINGENCY: Flair Data Systems

25 CITY COUNCIL COMMUNICATION From: The Office of the City Manager Date: Subject: Agenda Item No. B.6 Cellular Antenna Lease with Clearwire US - Robinson Water Tower Consider approval of a lease for a cellular antenna installation on the Robinson Water Tower with Clearwire US PRESENTER: Ron McCuller, Public Works Director RECOMMENDED ACTION: Approve a lease for the installation of a cellular antenna on the Robinson Water Tower with Clearwire US. ANALYSIS: Clearwire US has approached the City regarding leasing of antenna space on the Robinson Water Tower. The City has a number of such leases on several water towers and the income from such provides some additional revenue and helps mitigate the water rates. FINANCIAL CONSIDERATION: Clearwire US has paid the standard $3,500 application fee and agreed to a $2,500 per month lease payment for 5 years with renewal options for 20 years with a 15% rent escalation at each renewal.

26 CITY COUNCIL COMMUNICATION From: The Office of the City Manager Date: Subject: Agenda Item No. B.7 Price Agreement for Electrical Maintenance and Repair Services Consider approval of a one year price agreement for the purchase of electrical maintenance and repair services from R & R Electric at an annual estimated cost of $96,313; authorize Roderick Lee as secondary vendor; and authorize the City Manager to execute four one-year renewal options. PRESENTER: Marty Davis, Purchasing Manager RECOMMENDED ACTION: a. Approve a one year price agreement with four one-year optional renewals for the purchase of electrical maintenance and repair services from R & R Electric at an annual cost of $96,313. b. Approve Roderick Lee as secondary vendor. The secondary vendor will only be used if the primary vendor can not meet quality or delivery requirements. c. Authorize the City Manager to execute future renewal if funding is appropriated and total cost of price agreement does not increase by twenty-five (25) percent or more of the original contract. ANALYSIS: Electrical maintenance and repair services will be used for the city s electrical systems within our municipal buildings (1,000,000 sq ft) and park infrastructure (athletic lighting, scoreboards and such) of which Facility Services is not trained or licensed to do as per electrical codes set by the state of Texas. Examples: install new light fixtures; repair vandalized electrical wiring and fixtures, replace ballasts, locate and repair underground electrical, add circuits, athletic field lights, and numerous other general maintenance issues. Notification of bid was sent to 2,251 vendors. Six bids were received, including one from a Grand Prairie vendor. Two bids were rejected because they did not meet specifications. The award is being made to the vendor(s) with the highest evaluated score based on eight best value criteria, which were outlined in the specification. Staff recommends R & R Electric as primary vendor, from Grand Prairie, Texas and Roderick Lee Electrical Contractors as secondary vendor from Dallas, Texas.

27 FINANCIAL CONSIDERATION: Funding is in the FY 2009/2010 Facility Maintenance Approved Budget. Accounting Unit and the following account codes: Electrical Equip. Maint. (63055), Cost of Outside Repairs (63080), Heat/Air Cond. System Maint. (63110), Athletic Fields Maint. (63130) and Concession Stand/Restroom Maint. (63190) budgets. Additional funds are available in FY 2009/2010 department budgets and will be charged accordingly. Attachments: 1. Exhibit A (Bid Summary) 2. Operating Budget Expenditure Information Forms

28 EXHIBIT 1

29 CITY OF GRAND PRAIRIE OPERATING BUDGET EXPENDITURE INFORMATION FUND: Park Venue Fund (Fund No. 3170) AGENCY: Parks and Recreation ACCOUNTING UNIT: AVAILABLE: Electrical Equip. Maint. $42, Cost of Outside Repairs $20, Heat/Air Cond. System Maint $38, Athletic Fields Maint $15, Concession Stand/Restroom Maint $6,000 STAFF CONTACT: Kurt Benson VENDOR NUMBER: 3408 VENDOR NAME: CONTINGENCY: R & R Electric Inc. N/A

30 CITY OF GRAND PRAIRIE OPERATING BUDGET EXPENDITURE INFORMATION FUND: AGENCY: Facility Maint. (FMNT) Name of Fund (i.e. General Fund) Facility Service Name of Department ACCOUNTING UNIT: AVAILABLE: Cost of Outside Repairs, $20,000 Account Code, Description, and amount available STAFF CONTACT: Kurt Benson VENDOR NUMBER: 3408 VENDOR NAME: CONTINGENCY: R & R Electric Inc. n/a

31 CITY OF GRAND PRAIRIE OPERATING BUDGET EXPENDITURE INFORMATION FUND: AGENCY: Facility Maint. (FMNT) Name of Fund (i.e. General Fund) Facility Service Name of Department ACCOUNTING UNIT: AVAILABLE: Heat/Air Cond. System Maint. $3,000 Account Code, Description, and amount available STAFF CONTACT: Kurt Benson VENDOR NUMBER: 3408 VENDOR NAME: CONTINGENCY: R & R Electric Inc. n/a

32 CITY OF GRAND PRAIRIE OPERATING BUDGET EXPENDITURE INFORMATION FUND: AGENCY: Facility Maint. (FMNT) Name of Fund (i.e. General Fund) Facility Service Name of Department ACCOUNTING UNIT: AVAILABLE: Athletic Fields Maint. $6,000 Account Code, Description, and amount available STAFF CONTACT: Kurt Benson VENDOR NUMBER: 3408 VENDOR NAME: CONTINGENCY: R & R Electric Inc. n/a

33 CITY OF GRAND PRAIRIE OPERATING BUDGET EXPENDITURE INFORMATION FUND: AGENCY: Facility Maint. (FMNT) Name of Fund (i.e. General Fund) Facility Service Name of Department ACCOUNTING UNIT: AVAILABLE: Concession Stand/Restroom Maint. $2,000 Account Code, Description, and amount available STAFF CONTACT: Kurt Benson VENDOR NUMBER: 3408 VENDOR NAME: CONTINGENCY: R & R Electric Inc. n/a

34 CITY COUNCIL COMMUNICATION From: The Office of the City Manager Date: Subject: Agenda Item No. B.8 Purchase of a John Deere Dozer Consider the Purchase of a John Deere Dozer at a cost of $498,375 and a sixyear, 6,000 hour maintenance agreement at a cost of $34,100 for a total cost of $532,475 through a cooperative purchasing program with Buy Board. PRESENTER: James R. Cummings, Environmental Services Director RECOMMENDED ACTION: Authorize the purchase of a John Deere Dozer at a cost of $498,375 with a six-year, 6,000 hour maintenance agreement of $34,100 for a total cost of $532,475 through a cooperative purchasing program with Buy Board. ANALYSIS: The recommended equipment is available through cooperative purchasing program with Buy Board. State law provides that the cooperative purchasing program with Buy Board exempts the city from the competitive sealed bid requirement. There are no Grand Prairie vendors who offer this equipment. FINANCIAL CONSIDERATION: Funding for the John Deere Dozer in the amount of $532,475 ($498,375 and $34,100 for the 6- year, 6,000 hour maintenance agreement) is available in the FY 2009/2010 Solid Waste Equipment Acquisition Fund ( ). Attachments: 1. Operating Budget Expenditure Information Form

35 CITY OF GRAND PRAIRIE OPERATING BUDGET EXPENDITURE INFORMATION FUND: Solid Waste Equipment Acquisition Fund (Fund No. 5022) AGENCY: Environmental Services ACCOUNTING UNIT: AVAILABLE: STAFF CONTACT: Account Code 68300, Other Machinery and Equipment $550,000 available balance Dr. Patricia Redfearn VENDOR NUMBER: 9903 VENDOR NAME: CONTINGENCY: RDO Equipment CO.

36 CITY COUNCIL COMMUNICATION From: The Office of the City Manager Date: Subject: Agenda Item No. B.9 North Central Texas Council of Governments Grant Application for Solid Waste Projects Consider a resolution authorizing a grant application to the North Central Texas Council of Governments for a Municipal Solid Waste Grant totaling $110,000 for a community based social marketing project to increase the residential recycling rate PRESENTER: James R. Cummings, Environmental Services Director RECOMMENDED ACTION: Adopt a resolution to apply for and accept funding from the North Central Texas Council of Governments for a Municipal Solid Waste Grant totaling $110,000 to provide funding for a community based social marketing project seeking to increase the residential recycling rate in the City of Grand Prairie. ANALYSIS: Recent marketing research indicates that traditional methods of advertising are either short-lived or largely ineffective when attempting to change social behavior such as recycling, decreasing lawn chemical applications or vehicle idling. Newer marketing outreach programs address issues of barriers and motivation in ways that can vastly increase program effectiveness and the duration of impact. Our ultimate goal of this project is to change behavior. If we are to break the cycle of consumption and disposal (often after a single use) we must offer a clearly defined, clearly preferable alternatives to disposal. Through this social marketing project, the city will develop marketing tools and skills for an outreach campaign with the goal of improving recycling participation within the city. FINANCIAL CONSIDERATION: The City of Grand Prairie will request $110,000 of solid waste grant funds to fund a community based social marketing project. No matching funds are required for this grant but we anticipate $5,000 in in-kind funds based on an estimation of staff time necessary to complete grant obligations.

37 Attachments: 1. Resolution

38 RESOLUTION NO. A RESOLUTION OF THE CITY OF GRAND PRAIRIE, TEXAS, AUTHORIZING THE FILING OF PROJECT APPLICATIONS WITH THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS (NCTCOG) FOR A REGIONAL SOLID WASTE PROGRAM LOCAL IMPLEMENTATION PROJECT; AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, ON BEHALF OF THE CITY OF GRAND PRAIRIE IN ALL MATTERS RELATED TO THE APPLICATION; AND PLEDGING THAT IF FUNDING FOR THESE PROJECTS ARE RECEIVED, THE CITY OF GRAND PRAIRIE WILL COMPLY WITH ALL PROJECT REQUIREMENTS OF THE NCTCOG, THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY AND THE STATE OF TEXAS WHEREAS, the North Central Texas Council of Governments is directed by the Texas Commission on Environmental Quality to administer solid waste project funds for the implementation of the NCTCOG adopted SEE Less Trash Regional Solid Waste Management Plan, and WHEREAS, The City of Grand Prairie in the State of Texas is qualified to apply for project funds under the Request for Project Applications. NOW THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS THAT: SECTION 1. The City Manager, or his designee, is authorized to request project funding under the North Central Texas Council of Government s Request for Applications of the Regional Solid Waste Local Project Funding Program and act on behalf of the City of Grand Prairie in all matters related to the project applications and any subsequent project contracts that may result. SECTION 3. If the project is funded, the City of Grand Prairie will comply with the requirements of the North Central Texas Council of Governments, Texas Commission on Environmental Quality and the State of Texas. SECTION 3. The project funds and any project-funded equipment of the facilities will be used for the purposes for which they are intended under the project.

39 SECTION 4. Activities will comply with and support the adopted regional (and local) solid waste management plans adopted for the geographical area in which the activities are performed. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS, THIS 20 TH DAY OF OCTOBER, ATTEST: APPROVED: City Secretary Mayor APPROVED AS TO FORM: City Attorney

40 CITY COUNCIL COMMUNICATION From: The Office of the City Manager Date: Subject: Agenda Item No. B.10 Sale of Tax Foreclosure Property Consider approval for execution of a redemption deed for the tax foreclosure property located at 1922 Proctor PRESENTER: Bill Crolley, Director of Planning and Development RECOMMENDED ACTION: Authorize execution of a redemption deed for the tax foreclosure property located at 1922 Proctor. ANALYSIS: This property was struck off to the City, as trustee for the taxing jurisdictions, in March of 2009 for delinquent taxes, penalties, interest and court costs. The former owner Ricky Leon Moore has redeemed the property by paying the full amount due in the amount of 20, to Linebarger Gogggan Blair & Sampson, LLP. This item will authorize the City Manager or his designee to execute a quitclaim deed to Mr. Moore. FINANCIAL CONSIDERATION: This property is currently off the tax roll. After the sale it will return to the tax roll and the owner will be responsible for maintenance.

41 CITY COUNCIL COMMUNICATION From: The Office of the City Manager Date: Subject: Agenda Item No. B.11 Tangle Ridge Golf Franchise Agreement and Management Contract Renewal Consider renewal of Golf Franchise Agreement and Management Contract with Mark Viskozki, Golf Management, Inc. (MVGMI), in the amount of $275,000 for the Golf Franchise Agreement and $82,500 for the Golf Management Contract and authorize City Manager to execute future renewals. PRESENTER: Rick Herold, Director of Parks and Recreation RECOMMENDED ACTION: Renew annual professional services Golf Franchise Agreement to MVGMI in the amount of $275,000 for Tangle Ridge Golf Club, and renew annual professional services Golf Management Contract to MVGMI in the amount of $82,500 for Tangle Ridge Golf Club. Additionally, authorize City Manager to execute annual renewals remaining under the current contract. ANALYSIS: The Golf Franchise Agreement provides for management services with the golf shop and concession services at Tangle Ridge Golf Club. As all revenues collected for green fee, cart fee, driving range and annual passes remain the property of the City of Grand Prairie under this agreement. The annual allocation of $275,000 is representative of overhead and fixed costs associated with the generation of these fees. 1/12 th of the annual amount will be advanced each month to MVGMI to pay for all associated costs; excess funds will be returned to the city by the 10 th day of the subsequent month. In addition to the professional services provided for under the Golf Franchise Agreement, the Golf Management Contract provides for professional management services at Tangle Ridge Golf Club to include management of the course, collection of fees, and operation of the driving range. The annual base compensation is $82,500 to be remitted to MVGMI in monthly installments. Both the Golf Franchise Agreement and the Golf Management Contract were awarded to MVGMI for a term of one (1) year, beginning October 1, 2008 and can be renewed for three (3) one year terms by mutual agreement and subject to municipal renewal requirements.

42 FINANCIAL CONSIDERATION: Funding for these professional services contracts will be as follows: 1. The adopted FY 2009/2010 Golf Operating Budget contains a $275,000 provision for the Golf Franchise Agreement; this amount is recorded in the chart of accounts as Golf Contract ( ). 2. The adopted FY 2009/2010 Golf Operating Budget contains an $82,500 provision for the Golf Management Contract; this amount is recorded in the chart of accounts as Golf Professional Services ( ). Attachments: Operating Budget Expenditure Information Form

43 CITY OF GRAND PRAIRIE OPERATING BUDGET EXPENDITURE INFORMATION FUND: Golf Fund (Fund No. 5040) AGENCY: Parks & Recreation ACCOUNTING UNIT: AVAILABLE: Golf Contract $275, Professional Services $82,500 STAFF CONTACT: Gary Yakesch VENDOR NUMBER: 5553 VENDOR NAME: CONTINGENCY: Mark Viskozki, Golf Management, Inc. N/A

44 CITY COUNCIL COMMUNICATION From: The Office of the City Manager Date: Subject: Agenda Item No. B.12 Amendment to Interlocal Agreement with the City of Arlington Consider approval of an amendment to the Interlocal Agreement with the City of Arlington for SH 360 and Mayfield Road intersection improvements. PRESENTER: Sholeh Karimi, Traffic Engineer RECOMMENDED ACTION: Approve an amendment to the Interlocal Agreement with Arlington to clarify that City of Grand Prairie will be responsible for design and construction of the pavement improvements and City of Arlington will be responsible for signal modifications at SH 360 Frontage Road signals. ANALYSIS: The Cities of Grand Prairie and Arlington have an existing Interlocal Agreement for SH 360 intersection improvements that addresses the provision for improvements east of the SH 360 northbound frontage road in Grand Prairie. The current Agreement allows Arlington to contribute 50% of their $97,200 commitment in cash and 50% in-kind services for signal modifications. This amendment to the Agreement will allow Arlington to provide 100% in-kind services because of additional signal modifications on the west side of the intersection (southbound frontage road) in Arlington. FINANCIAL CONSIDERATION: There is no cost to the City of Grand Prairie stemming from this amendment.

45 CITY COUNCIL COMMUNICATION From: The Office of the City Manager Date: Subject: Agenda Item No. B.13 Interlocal Agreement with Tarrant County for Mayfield Road at SH 360 intersection improvements Consider authorizing the City Manager to enter into an Interlocal Agreement with Tarrant County for Mayfield Road at SH 360 intersection improvements. PRESENTER: Sholeh Karimi, Traffic Engineer RECOMMENDED ACTION: Authorize the City Manager to enter into an Interlocal Agreement with Tarrant County for Mayfield at SH 360 intersection improvements ANALYSIS: The City of Grand Prairie is entering into an Interlocal Agreement with Tarrant County for Mayfield Road and SH 360 intersection improvements. The improvements include the extension of existing left-turn lanes on Mayfield Road under SH 360 to increase storage capacities and the installation of advanced left-turn lanes for westbound and eastbound Mayfield Road at the northbound and southbound frontage roads for SH 360, respectively. Mayfield Road at SH 360 intersection improvement is included in the Mayfield Road project. Tarrant County will fund Mayfield Road and SH 360 intersection improvements for a maximum amount of $97,500 per Interlocal Agreement. Mayfield Road and SH 360 interchange improvements will reduce congestion especially on the weekends with Trader s Village traffic. FINANCIAL CONSIDERATION: Funding for the City s portion in an amount of $97,500 is included in the Mayfield road project, in the Street Capital Projects Fund, WO # (Mayfield Rd. SH 360 to GSW). This reimbursement will be set up in the Grant Fund for construction funding reimbursements. Attachments: 1. Fiscal Impact Form (Capital Budget)

46 CITY OF GRAND PRAIRIE FISCAL IMPACT SUMMARY Account # SECTION I Project Title: SH 360 Department: Transportation Project Manager Sholeh Karimi Vendor No/Name Tarrant County Expenditure Amount: $97,500 Vendor No/Name Vendor No/Name CURRENT TOTAL APPROPRIATION PREVIOUS APPROPRIATION REMAINING PROJECT CATEGORY APPROPRIATION REQUEST APPROPRIATION ESTIMATE Engr./Design $662,948 $662,948 R.O.W $15,000 $15,000 Construction68540 $6,095,736 ($97,500) $5,998,236 Transfer to Grant (90075) $97,500 $97,500 Contingency68570 $307,146 $307,146 $0 $0 TOTAL $7,080,830 $0 $0 $7,080,830 Explanation of Cost Differences: AMOUNT SECTION II SOURCE OF FUNDS Previous Approp. $7,080,830 Current Approp. $0 Remaining Approp. $0 TOTAL PROJECT ESTIMATE $7,080,830

47 CITY COUNCIL COMMUNICATION From: The Office of the City Manager Date: Subject: Agenda Item No. B.14 City Manager's Contract Consider Renewal of City Manager's Contract PRESENTER: Tom Hart, City Manager RECOMMENDED ACTION: The City Manager s contract was initially entered into on August 1, The City Council renewed the contract in July The term for renewal was for one year and will expire October 31, 2009.

48 CITY COUNCIL COMMUNICATION From: The Office of the City Manager Date: Subject: Agenda Item No. C.0 Public Hearing Consent Agenda

49 CITY COUNCIL COMMUNICATION From: The Office of the City Manager Date: Subject: Agenda Item No. C.1 SU061002A - Specific Use Permit Amendment Skyway Drive (City Council District 4). Consideration of a request for the approval of an Amendment to a Specific Use Permit for the addition of a fence to an existing medical waste facility. The site is currently zoned Light Industrial (LI) District and is generally located on the east side of Skyway Drive between Arkansas Lane and Alouette Drive. On October 5, 2009, the Planning and Zoning Commission postponed this case by a vote of 8-0 until the applicant reactivates the case. PRESENTER: Chief City Planner Kevin Lasher RECOMMENDATION: Staff recommends the City Council table this case until it is heard by the Planning and Zoning Commission.

50 CITY COUNCIL COMMUNICATION From: The Office of the City Manager Date: PRESENTER: Subject: Agenda Item No. C.2 SU Specific Use Permit Jefferson Street (City Council District 2). Consideration of a request for the approval of a Specific Use Permit for an automotive repair facility. The site is currently zoned Commercial (C) District and is generally located south of Jefferson Street and west of Carrier Parkway. The subject property is in Central Business District-Two (CBD-2) and the SH-161 Overlay District. On October 5, 2009, the Planning and Zoning Commission postponed this case by a vote of 8-0 until the applicant reactivates the case. Chief City Planner Kevin Lasher RECOMMENDATION: Staff recommends the City Council table this case until it is heard by the Planning and Zoning Commission.

51 CITY COUNCIL COMMUNICATION From: The Office of the City Manager Date: PRESENTER: Subject: Agenda Item No. C.3 SU Specific Use Permit E. Main Street (City Council District 5). Consideration of a request for the approval of a Specific Use Permit for automotive sales with minor automotive repair, body shop with paint booth, and state inspection. The site is currently zoned Light Industrial (LI) District and is generally located south of Main Street between 15th Street and 16th Street. This property is located in the Central Business District Three (CBD- 3) Overlay District. On October 5, 2009, the Planning and Zoning Commission postponed this case by a vote of 8-0 until the applicant reactivates the case. Chief City Planner Kevin Lasher RECOMMENDATION: Staff recommends the City Council table this case until it is heard by the Planning and Zoning Commission.

52 CITY COUNCIL COMMUNICATION From: The Office of the City Manager Date: Subject: Agenda Item No. D.0 Public Hearing on Zoning Applications

53 CITY COUNCIL COMMUNICATION From: The Office of the City Manager Date: Subject: Agenda Item No. D.1 S Site Plan - RaceTrac Great Southwest Parkway S. Great Southwest Parkway (City Council District 6). Consideration of a request for the approval of a Site Plan for a convenience store with gasoline sales. The site is currently zoned Planned Development District 33 (PD-33) for general retail uses and is located at the northeast corner of S. Great Southwest Parkway and Bardin Road. This property is located in the Interstate Highway 20 (IH-20) Overlay District. On October 5, 2009, the Planning and Zoning Commission recommended approval of this request by a vote of 8-0. PRESENTER: Chief City Planner Kevin Lasher ADJACENT LAND USES AND ACCESS: North - South - East - West - To the immediate north is property platted as the I-20/Great Southwest Addition, which includes various commercial and retail uses such as a Kroger grocery store. The property to the north is also zoned Planned Development District 33 (PD-33) for general retail uses. All of the surrounding properties fall within the Interstate Highway 20 (IH-20) Overlay District. To the immediate south is Bardin Road, designated as a P6D, Principal Arterial, 6-lane divided thoroughfare on the City s Master Transportation Plan. On the other side of Bardin Road is a Walgreens drugstore on property zoned Planned Development 44 (PD-44) for Commercial uses. To the immediate east is fire lane that serves the commercial and retail center to the north. On the other side of the fire lane is a self-serve car wash and state inspection business on property zoned Planned Development 250 (PD-250) for General Retail (GR) uses. To the immediate west is Great Southwest Parkway, designated as a P6D, Principal Arterial, 6-lane divided thoroughfare on the City s Master Transportation Plan. On the other side of Great Southwest Parkway are

54 PURPOSE OF REQUEST: various commercial and retail uses zoned Planned Development 46 (PD-46) for Commercial uses. Article 16, Site Plan Approval, of the Unified Development Code requires all new development located within the boundaries of the Interstate 20 (IH-20) Overlay District to obtain Site Plan approval. The existing structure will be torn down and a new building and site layout are included in this submittal. In addition, Planned Development District 33 (PD-33) permits uses allowed in the Commercial (C) District and one gasoline service station with site plan approval. Since this use is vested under the Planned Development, a Specific Use Permit is not required. PROPOSED USE CHARACTERISTICS AND FUNCTION: The proposed Convenience Store with Gasoline Sales will occupy a 4,997 square-foot masonry building on a acre tract of land. The primary structure will include 55% brick and 45% stone materials on the front facade, which meets or exceeds the Interstate Highway 20 (IH-20) Corridor Overlay requirements. The convenience store will be open 24 hours a day, 365 days of the year. The stores are centrally monitored 24 hours a day, well lit and equipped with an alarm system. The site will include twelve gasoline pump islands and will not include a car wash. There will be approximately four to six employees per shift. The Site Plan meets the parking and landscape requirements. There will be 31 parking spaces including two handicap spaces, which meets the 13 space requirement. The required landscape area for the General Retail (GR) District is 5% of the total site area. The proposed landscape area is 36% of the total site area. The dumpster enclosure will be an 8-0 tall masonry screening fence that is similar in material to the main structure and meets the requirements of UDC, Subsection The proposed gas canopy includes a flat roof structure. According to the IH-20 Corridor Overlay District, Section 3.D.2 requires roofline variation for non-residential buildings. It is therefore recommended that the gas canopy structure be designed with a pitched roof profile similar to the primary structure on the site. Mrs. Elliott noted that a sloped gas canopy was approved for the Quik Trip facility currently under construction at the southwest corner of Pioneer Parkway and Robinson Road (approved March 20, 2007 by Ordinance No (case file SU070301/S070301). This property is located in the SH-161 Corridor Overlay District, which also requires roofline variation. Mrs. Elliott also noted that a sloped gas canopy was approved for an existing RaceTrac store that is currently operating at the southwest corner of Palace Parkway and N. Beltline Road. This site is located in the Beltline Corridor Overlay District.

55 The lighting from the gas canopy will not create spillage onto residential zoning districts. The closest residentially zoned property is 765 feet away from the Site Plan area. ZONING HISTORY: The subject property has been zoned Planned Development 33 (PD-33) since the zoning case was approved by the City Council on March 4, 1980 [Ord. 3123]. Prior to that time, the property was zoned from Agriculture (A) to Planned Development in 1972 [Ord. 2299]. The property was annexed into the City of Grand Prairie in CONFORMANCE WITH COMPREHENSIVE PLAN: The Comprehensive Plan designates this area for commercial and general retail uses. Consequently, staff has determined that this use is in conformance with the Proposed Land Use Map of the Comprehensive Plan as adopted in October of PROJECT S VESTED STATUS: The property is platted as First Continental Bank Addition, Block 1, Lot 1. The plat was filed with Tarrant County on February 10, The original structure was built as a bank in 1992 in conformance with Site Plan case number S Since the original structure is being removed and replaced with new development, vesting will be established with the submittal date for the new Site Plan as of August 25, DENSITY AND DIMENSIONAL IMPACTS: A sampling of development requirements applicable to this site are highlighted below: ORDINANCE PROVISION (IH-20 Corridor Overlay & UDC) Front Building Setback Required Landscaping REQUIREMENT SITE PLAN CONFORMANCE 25 feet In Conformance. 5% of gross site area (UDC), and 30 foot landscape buffer along street frontages. (Overlay Dist. Section 3.F.2.a) In Conformance. 36% of site area provided. Parking Required 13 spaces required. In Conformance. 31 spaces provided. Min Stone Requirement 10% of front facade (Overlay Dist. Section 3.C.2.) In Conformance. 45% provided. Exterior Masonry 100% Masonry In Conformance. Screening for Dumpster Minimum - 6 foot tall masonry fence to match main building. In Conformance. 8 foot masonry wall provided.

56 Signage Monument and wall signs allowed for retail use in conformance with In Conformance. UDC requirements. Roof Line Variation (2 elements required) [see below] [see below] * Parapet Wall. This option selected by applicant. In Conformance. * Overhanging Eaves 3 Past Supporting Walls. This option selected by applicant. In Conformance. * Two or More Roof This option selected by applicant. In Conformance. Slope Planes. * 8:12 Roof Slope at Wall Height. Roof Line Variation For Gas Canopy Vertical Building Articulation Arcades, covered walkways, architectural awnings, canopies or porticos Side and rear facades shall be finished in a similar color and texture as the main front façade. [not selected] 2 elements required. None selected. 15% offset for 25% length (Overlay Dist. Section 3.B.1. &2.) Required along 25% of the primary façade (Overlay Dist. Section 3.D.1.a.ii.) A color elevation or color pallet will need to be submitted. (Overlay Dist. Section 3.C.4) REQUESTED APPEALS BY APPLICANT: [not selected] Variance required for flat roof over gas canopy. In Conformance. In Conformance. In Conformance. 1. The proposed gas canopy includes a flat roof structure. According to the IH-20 Corridor Overlay District, Section 3.D.2 requires roofline variation for non-residential buildings. It is therefore recommended that the gas canopy structure be designed with a pitched roof profile similar to the primary structure on the site. RECOMMENDATION: Since the applicant is requesting the above noted appeal, the Development Review Committee is not able to recommend full approval of this case. However, the applicant is offering the following provisions as compensatory measures that could potentially lessen the impact of the requested appeals. The Landscape Plan includes 36% landscape area, which exceeds the 5% landscape area that is required for the Planned Development 33 (PD-33) District. The exterior building materials on the front façade include 45% stone, which is more than the 10% stone requirement specified by the IH-20 Corridor Overlay District.

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63 PLANNING AND ZONING COMMISSION DRAFT MINUTES OF OCTOBER 5, 2009 AGENDA PUBLIC HEARING ITEM: #4-S091002, Site Plan, RaceTrac Great Southwest Parkway S. Great Southwest Parkway (City Council District 6). Senior Planner Mary Elliott presented the case report to the Commission for approval of a Site Plan for a convenience store with gasoline sales. The site is currently zoned Planned Development District 33 (PD-33) for general retail uses and is located at the northeast corner of S. Great Southwest Parkway and Bardin Road. This property is located in the Interstate Highway 20 (IH-20) Overlay District. The applicant is Mycoskie + McInnis Associates representing Race Trac stores. Mrs. Elliott stated the proposed Convenience Store with Gasoline Sales would occupy a 4,997 square-foot masonry building on a acre tract of land. The primary structure will include 55% brick and 45% stone materials on the front facade, which meets or exceeds the Interstate Highway 20 (IH-20) Corridor Overlay requirements. The convenience store will be open 24 hours a day, 365 days of the year. The stores are centrally monitored 24 hours a day, well lit and equipped with an alarm system. The site will include twelve gasoline pump islands and will not include a car wash. There will be approximately four to six employees per shift. The Site Plan meets the parking and landscape requirements. There will be 31 parking spaces including two handicap spaces, which meets the 13 space requirement. The required landscape area for the General Retail (GR) District is 5% of the total site area. The proposed landscape area is 36% of the total site area. The dumpster enclosure will be an 8 tall masonry screening fence that is similar in material to the main structure and meets the requirements of UDC, Subsection The proposed gas canopy includes a flat roof structure. According to the IH-20 Corridor Overlay District, Section 3.D.2 requires roofline variation for non-residential buildings. It is therefore recommended that the gas canopy structure be designed with a pitched roof profile similar to the primary structure on the site. Mrs. Elliott noted that a sloped gas canopy was approved for the Quik Trip facility currently under construction at the southwest corner of Pioneer Parkway and Robinson Road (approved March 20, 2007 by Ordinance No (case file SU070301/S070301). This property is located in the SH-161 Corridor Overlay District, which also requires roofline variation. Mrs. Elliott also noted that a sloped gas canopy was approved for an existing RaceTrac store that is currently operating at the southwest corner of Palace Parkway and N. Beltline Road. This site is located in the Beltline Corridor Overlay District. The lighting from the gas canopy will not create spillage onto residential zoning districts. The closest residentially zoned property is 765 feet away from the Site Plan area. Mrs. Elliott noted the applicant is requesting the following appeal.

64 1. The proposed gas canopy includes a flat roof structure. According to the IH-20 Corridor Overlay District, Section 3.D.2 requires roofline variation for non-residential buildings. It is therefore recommended that the gas canopy structure be designed with a pitched roof profile similar to the primary structure on the site. Mrs. Elliott said since the applicant is requesting the above noted appeal, the Development Review Committee is not able to recommend full approval of this case. However, the applicant is offering the following provisions as compensatory measures that could potentially lessen the impact of the requested appeals. The Landscape Plan includes 36% landscape area, which exceeds the 5% landscape area that is required for the Planned Development 33 (PD-33) District. The exterior building materials on the front façade include 45% stone, which is more than the 10% stone requirement specified by the IH-20 Corridor Overlay District. Commissioner Lester asked if the applicant gave an opinion regarding the roof line articulation requirement for the gas canopy. Mrs. Elliott stated the applicant has a preference for a flat roof in lieu of a pitched roof for the gas canopy and is requesting a variance to construct a flat roof since the same appeal was approved March of this year for the site situated at the southwest corner of Bardin and Great Southwest Parkway. The site on the southwest corner will be sold by the applicant with an added deed restriction prohibiting any gasoline sales at that location. Commissioner Waggoner asked if the applicant s former site at the southwest corner was located outside the Overlay District. Mrs. Elliot stated no, the southwest corner is also located inside the Overlay District. Monica Holley with RaceTrac Petroleum, 3225 Cumberland Boulevard, Ste 100, Atlanta, Georgia stepped forward representing the case. Ms. Holley stated they are very excited to come to Grand Prairie and spent a lot of time creating a new image (both inside and out) for their stores. Commissioner Lester asked Mrs. Holley why the appeal to the architectural roof line requirement was needed. Ms. Holley replied it would not be difficult, but would like to keep their image as a flat roof canopy, which is part of their new design. Since the Canopy is higher than the main building, they would like to keep the profile of the canopy as low as possible. Commissioner Waggoner asked if there are other RaceTrac stores in the area with this new design.

65 Ms. Holley replied yes, there are several new stores within the DFW area with the new image design, which have flat roof canopies. Vice-Chairman Garrett noted there were no other speaker cards submitted for this case. There being no further discussion on the case, Commissioner Lester moved to close the public hearing and approve case S granting the applicants appeal for a flat roof over the gas canopy, the action and vote was recorded as follows: Motion: Lester Second: Gray Ayes: Adams, Koerth, Waggoner, Gray, Philipp, Lester, Moss and Garrett. Nays: None Approved: 8-0 Motion: carried.

66 PROPERTY NOTIFICATION LIST FID OWNERNAME OWNERADDRE OWNERZIP STR OWNERCITYS 0 FIRST CONTINENTAL BK GRD PRIE PO BOX CHARLOTTE NC 1 DDR SOUTHEAST GRAND PRAIRIE LP 3300 ENTERPRISE PKWY BEACHWOOD OH 2 CRYSTAL PARADISE DYNASTY LLC 1906 BOSQUE CO RD GLEN ROSE TX 3 HUR, MIN MOO 7405 SWEET MEADOWS DR FORT WORTH TX 4 ONE STOP I L P PO BOX ROCKWALL TX 5 USRP FUNDING 2001-A LP PO BOX ORLANDO FL 6 INLAND WESTERN GP SW XING LP 2901 BUTTERFIELD RD OAK BROOK IL 7 BARRETT-SCULLIN ENT LLC 2020 W NORTHWEST HWY STE GRAPEVINE TX JOSHUA TREE INV LLC 4313 DOROTHY ST BELLAIRE TX 9 POINT LOMA TOWERS GP LP 104 WILMOT RD # DEERFIELD IL 10 CRYSTAL PARADISE DYNASTY LLC 1906 BOSQUE CO RD GLEN ROSE TX 11 COMFORT INN 4020 S GREAT SW PKWY GRAND PRAIRIE TX 12 YI INVESTMENT GROUP INC 2035 ROYAL LN STE DALLAS TX

67 CITY COUNCIL COMMUNICATION From: The Office of the City Manager Date: PRESENTER: Subject: Agenda Item No. D.2 SU Specific Use Permit E. Main Street (City Council District 5). Consideration of a request for the approval of a Specific Use Permit for a trucking company with outside storage. The site is currently zoned Light Industrial (LI) District and is generally located south of Main Street between 17th Street and 18th Street. This property is located in the Central Business District Three (CBD-3) Overlay District. On October 5, 2009, the Planning and Zoning Commission recommended approval of this request by a vote of 8-0. Chief City Planner Kevin Lasher ADJACENT LAND USES AND ACCESS: North - South - East - West - To the north is E. Main Street, classified on the Master Transportation Plan as a principal seven lane undivided roadway (P7U). Properties across Main Street are zoned Commercial (C) District and are developed with automotive uses. To the south property is zoned Light Industrial (LI) and is developed with railroad right-of-way. Properties are zoned Light Industrial (LI) District and are partially developed with automotive uses. Area to the southeast remains undeveloped. To the west properties are zoned Light Industrial (LI) District and are developed with automotive and industrial uses. PURPOSE OF REQUEST: This is a request for a Specific Use Permit to allow a trucking company with a maintenance shop and outside storage of trucks and trailers in a Light Industrial (LI) District and within Central Business District Overlay District No 3 (CBD-3). The applicant Martin Transportation is a full service transport vendor for General Motors, Ford Motors, and Chrysler and will be using this site as a tractor and trailer staging area, and a maintenance facility. Martin Transportation is an

68 existing business within Grand Prairie, and is proposing relocation from their existing site along Roy Orr Boulevard, which they have outgrown. PROPOSED USE CHARACTERISTICS AND FUNCTION: The proposed use will function as a trucking company with a maintenance facility and outside storage for their own trucks and trailers. Trucking companies are a permitted use within the Light Industrial (LI) District. However, because of the site s location within the Central Business Overlay District No. 3, it requires approval of a Specific Use Permit. Staff is recommending the Specific Use Permit because it allows the City to establish conditions for their operations through an operational plan. The existing site consists of acres that is currently paved with a mixture of asphalt and concrete paving. On approximately 1.3 acres at the rear of the site the asphalt paving has deteriorated to a point where it does not meet the City s paving standards and cannot be used. This area is being designated as Phase 2 and will not be used until the paving can be upgraded to meet current City standards. The remainder of the site is developed with three principal structures. The first being a 1,200 square foot one story brick building which is proposed to be used as an office. The second is a 14,400 square foot one story open sided structure, which will be used as covered parking for employee s personal vehicles. The third building is a 14,633 square foot metal building, with overhead doors, proposed to be used as a maintenance shop. The site provides 40 covered parking spaces for employees and 73 spaces for tractors and trailers. Additional employee parking will be available when tractors and trailers go out of the facility. Martin Transportation proposes to use the site for limited trailer staging, parking for 80 tractors, and light maintenance will be done on an as needed basis for other equipment in the Martin Transportation network. The site will provide on-site parking for the drivers for three to five day trips. The location will be manned by a terminal manager, a shop foreman, and seven mechanics. The facility will operate 24 hours a day 7 days a week, with the exceptions of holidays and scheduled and unscheduled shutdowns of the GM plant in Arlington. The expected peak volume of tractors and trailers entering and departing the site is expected to be between 19 and 23 trips daily. ZONING HISTORY: The zoning map from 1950 shows the site as Local Retail and Industrial zoning. The zoning map from 1985 shows the entire site as Light Industrial (LI) District. Staff has determined that the zoning has been in place since that time.

69 CONFORMANCE WITH COMPREHENSIVE PLAN The proposed office and warehouse uses are in conformance with the Future Land Use map contained in the 2005 Comprehensive Plan which depicts light industrial uses for this property. PROJECT S VESTED STATUS: No Final Plat has been approved for this property. It remains in abstract form, and is currently described as Tracts 6, 9, 35 and 37, out of the John W. Kirk Survey, Abstract No. 726, Dallas County, Texas. The submittal date for this Specific Use Permit request is August 18, Section of the Unified Development Code (UDC) establishes the following criteria for determining a projects vested status with respect to the application of current zoning requirements: Vesting established by the Final Plat is deemed void since no Final Plat has been filled or approved. (Section B of the UDC). However, submittal of this Site Plan application will vest this project to development standards in place for the proposed use as of the date of application submittal of August 18, DENSITY AND DIMENSIONAL IMPACTS: Density and dimensional standards are highlighted below: ORDINANCE PROVISION LIGHT INDUSTRIAL REQUIREMENT SUP CONFORMANCE Min. Lot Size 15,000 SF Acres Min Lot Width 100 Ft Ft Min Lot Depth 150 Ft Front Yard Setback 25 Ft 25 Ft Internal Side Yard 0 ft (Adj. Res. 25 Ft) In Conformance. Side Yard at Street 25 Ft In Conformance. Rear Yard Setback 0 ft (Adj. Res. 50 Ft) In Conformance. Bldg. Separation 0 Ft In Conformance. Bldg. Height 50 Ft In Conformance. Bldg. Coverage 1:1 Floor Area Ratio In Conformance. Landscape Requirement Exterior Masonry 4% of Site 100% (Adj. Major Arterials) Legal Non Conformance (Applicant is proposing adding Screening shrubs and trees Adjacent to street as a living screen.) Legal Non Conforming.

70 REQUESTED APPEALS BY APPLICANT: The applicant is appealing the requirement to provide masonry screening at the 25 foot building setback adjacent to street right-of-way. No other appeals are being requested by the applicant. RECOMMENDATION: Since the applicant is requesting the above noted appeals, the Development Review Committee is not able to recommend full approval of this case. However, the applicant is offering the following provisions as compensatory measures that could potentially lessen the impact of the requested appeals. 1. There is an existing wrought iron fence on the property line adjacent to E. Main Street. This entire site has been paved with the exception of approximately 1,600 square feet adjacent to the existing wrought iron fence along E. Main Street. The applicant has agreed to provide 58 five-gallon shrubs and 5 three-inch caliper trees with irrigation as a screening buffer adjacent to street right of way. 2. The applicant is providing new landscaping adjacent to street right-of-way which will act as a living screen that would partially buffer the storage use from public right-of-way.

71 ORDINANCE NO. SPECIFIC USE PERMIT NO. CASE NO. SU AN ORDINANCE OF THE CITY OF GRAND PRAIRIE, TEXAS, AMENDING THE ZONING MAP AND ORDINANCE BY SHOWING THE LOCATION, BOUNDARY AND USE OF CERTAIN PROPERTY FOR A PROPOSED SPECIFIC USE PERMIT FOR A TRUCKING COMPANY WITH A MAINTENANCE FACILITY AND OUTSIDE STORAGE WITHIN A LIGHT INDUSTRIAL (LI) ZONING DISTRICT, TO WIT: BEING ACRES ON TRACTS 6, 9, 35 AND 37; ALL OUT OF THE JOHN W. KIRK SURVEY, ABSTRACT NO. 726, GRAND PRAIRIE, DALLAS COUNTY, TEXAS, AND BEING ADDRESSED AS 1701 E. MAIN STREET, SAID ZONING ORDINANCE AND MAP BEING NUMBERED ORDINANCE NUMBER 4779 AND PASSED ON NOVEMBER 20, 1990; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND TO BECOME EFFECTIVE UPON ITS PASSAGE AND APPROVAL. WHEREAS, the owners of the property described herein below filed application with the City of Grand Prairie, Texas, petitioning an amendment to the Zoning Ordinance and Map of said city so as to amend the zoning designation of said site to a Specific Use Permit for A Trucking Company with A Maintenance Facility and Outside Storage within a Light Industrial (LI) Zoning District; and; WHEREAS, the Planning and Zoning Commission of the City of Grand Prairie, Texas, held a public hearing on said application on October 5, 2009, after written notice of such public hearing before the Planning and Zoning Commission on the proposed Specific Use Permit had been sent to owners of real property lying within 300 feet of the property on which the creation of a Specific Use Permit for A Trucking Company with A Maintenance Facility and Outside Storage within a Light Industrial (LI) Zoning District; is proposed, said Notice having been given not less than ten (10) days before the date set for hearing to all such owners who rendered their said property for City taxes as the ownership appears on the last approved City Tax Roll, and such Notice being served by depositing the same, properly addressed and postage paid, in the City Post Office; and WHEREAS, after consideration of said application, the Planning and Zoning Commission of the City of Grand Prairie, Texas voted 8 to 0 to recommend to the City Council of Grand Prairie, Texas, that said Zoning Ordinance and Map be amended to allow a Specific Use Permit for A Trucking Company with A Maintenance Facility and Outside Storage within a Light Industrial (LI) Zoning District; and WHEREAS, Notice was given of a further public hearing to be held by the City Council of the City of Grand Prairie, Texas, in the City Hall Plaza Building at 6:30 o'clock P.M. on October 20, 2009 to consider the advisability of amending the Zoning Ordinance and Map as recommended by the Planning and Zoning Commission, and all citizens and parties at interest were notified that they

72 would have an opportunity to be heard, such Notice of the time and place of such hearing having been given at least fifteen (15) days prior to such hearing by publication in the, Fort Worth Star Telegram, Fort Worth, Texas, a newspaper of general circulation in such municipality; and WHEREAS, all citizens and parties at interest have been given an opportunity to be heard on all the matter of the Specific Use Permit and the City Council of the City of Grand Prairie, Texas, being informed as to the location and nature of the specific use proposed on said property, as well as the nature and usability of surrounding property, have found and determined that the property in question, as well as other property within the city limits of the City of Grand Prairie, Texas, has changed in character since the enactment of the original Zoning Ordinance to the extent that a specific use may be made of said property as herein provided and by reason of changed conditions, does consider and find that this amendatory Ordinance should be enacted since its provisions are in the public interest and will promote the health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS: SECTION 1. That Ordinance Number 4779, being the Unified Development Code of the City of Grand Prairie, Texas, showing the locations and boundaries of certain districts, and said Zoning Ordinance and Map having been made a part of an Ordinance entitled: "THE UNIFIED DEVELOPMENT CODE OF THE CITY OF GRAND PRAIRIE, TEXAS, AS PASSED AND APPROVED BY THE CITY COUNCIL ON THE 20TH DAY OF NOVEMBER, 1990, TOGETHER WITH ALL AMENDMENTS THERETO AND ENACTING A REVISED ORDINANCE ESTABLISHING AND PROVIDING FOR ZONING REGULATIONS; CREATING USE DISTRICTS IN ACCORDANCE WITH A COMPREHENSIVE PLAN..." and passed and approved November 20, 1990, as amended, is hereby further amended so as to establish a Specific Use Permit numbered for the property location described as follows: The location being described as Tracts 6, 9, 35 and 37, out of the John W. Kirk Survey, Abstract No. 726, Grand Prairie, Dallas County, Texas, and being addressed as 1701 E. Main Street which is shown on the approved site plan labeled as Exhibit A, which is incorporated by reference. SECTION 2. Specific Use Permit A. FOR A TRUCKING COMPANY WITH A MAINTENANCE FACILITY AND OUTSIDE STORAGE OF SEMI TRACTORS AND TRAILERS - in a Light Industrial District.

73 B. STANDARDS OF DEVELOPMENT All Building Construction and Paving Standards shall conform to all requirements of the Unified Development Code for the Light Industrial (LI) District except as amended below: 1. Outside storage areas to be screened by a six-foot high masonry screening fence with a mortar bond finish on both sides of fence. Screening fence shall be located along the existing back of curb of the paved parking along the north and west property lines of the subject property. All improvements to any other existing fence shall be to City standards. The applicant is appealing to allow a living landscape screen in lieu of the required masonry screening requirement. 2. All operations must conform to the Planning and Zoning Commission approved site plan and operational plan as provided in final submittal. 3. No vehicle sales will be permitted on this property. 4. The facility must develop and implement an accidental spill plan. The water quality division will provide spill plan development guidelines. A copy of the plan must be forwarded to the water quality division for approval. 5. The facility must maintain manifests detailing the types and amounts of chemicals stored within the building area and maintain manifest of their disposition to a state or federally approved disposal site. 6. It shall be unlawful for any person, owner, tenant, or employee, to commit such acts as listed below: a. Discharge or deposit, upon any public or private property, any industrial, chemical, hazardous, or other regulated waste. b. Permit crankcase or radiator drainage s, vehicle engine wash or other oils, greases, vehicle fuels or like material to be discharged or deposited to any area within the city. 7. The facility shall meet all requirements of the Auto Related Business Ordinance # 7408 (Chapter 13 Health & Sanitation of the Code of Ordinances. 8. No parking or storing of vehicles permitted on unpaved or unapproved areas. 9. Cross connections devices may be required under the provisions of City Code Chapter 13 Article X depending on how water will be used in the facility. Any cross connection devices that are required must be shown on all plan submittals to building inspections. It is required that you provide the make model and location of the backflow preventer to be installed. Providing this information during first submission of building permits will speed up the permitting review process.

74 Testing fees for backflow prevention devices must be paid prior to issuance of building permits. 10. The Environmental Services Department requires a sample point be installed on the sanitary sewer line. The location and a sample point detail must be shown on the building plans submitted for review with your application for a building permit. Structure and location should meet the requirements of the department. 11. All waste disposal services shall be contracted with Grand Prairie Disposal Company, J.C. Duncan. Commercial-type refuse containers (dumpsters and rolloffs) shall be placed at a location arranged in advance with the city s contractor, Grand Prairie Disposal Company, J.C. Duncan. If materials are to be recycled, they shall not be co-mingled with trash. All property owners or facility owners shall contact Grand Prairie Disposal Company at (817) [city code (a)]. Mechanical garbage and trash compactors shall conform to city code sections and The general contractor shall be held responsible for ensuring compliance with these city codes. 12. No operations or activities may result in creation of a nuisance as defined in city code 29-68(12) to (29). Specifically, no building, road or construction activity may cause water to stand and result in mosquito harborage. 13. All noise created during the construction and subsequent operational activities conducted on the subject property must comply with City Code Chapter 13, Article XIII, Section s to Construction must be limited the daytime hours between six o clock a.m. and ten o clock p.m. when constructing a building with 300 feet of a residence. 14. Grease and sand traps from automotive repairs, and vehicle wash operations shall be connected to the sanitary sewer system [city code 26-41)] 15. All facilities must comply with current health and water quality standards before a certificate of occupancy can be issued. These issues will be addressed during the building review process. 16. Fire Department will require a plan for the storage used tires for review and approval prior to the issuance of a Certificate of Occupancy. 17. All maintenance shall be done within proposed maintenance shops. 18. No vehicle washing shall be done on site without an approved covered wash bay with and approved sand and grit trap. C. EMERGENCY ACCESS 1. All security gates shall be equipped with a Knox Padlock.

75 D. COMPLIANCE SECTION All development must conform to the approved site plan. 2. If no certificate of occupancy is issued for a trucking company with outside storage of tractors and trailers and a maintenance shop within one year, or if the use is discontinued for a period of 6 months or more, the Specific Use Permit shall be considered terminated. 3. The operation of this site shall be in strict compliance with all requirements of the Environmental Services Department and Fire Administration in addition to all other local, state and federal requirements. Any unsafe or unauthorized operations or activities may be determined as grounds for revocation of the Specific Use Permit by the City Council. 4. Any required pavement repairs and removal of spoils debris from the property will be required prior to the issuance of a certificate of occupancy. Areas not immediately proposed for outside storage shall be clearly marked as Phase 2 development on the site plan. Storage of materials or equipment in these areas shall be prohibited until such time that an approved paved surface is installed. It is further provided that in case a section, clause, sentence or part of this Ordinance shall be deemed or adjudged by a Court of competent jurisdiction to be invalid, then such invalidity shall not affect, impair or invalidate the remainder of this Ordinance. SECTION 4. All ordinances or parts of ordinances in conflict herewith are specifically repealed. SECTION 5. That this Ordinance shall be in full force and effect from and after its passage and approval. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS, THIS THE 20 TH OF OCTOBER ATTEST: APPROVED: City Secretary Mayor APPROVED AS TO FORM:

76 City Attorney

77 EXHIBIT A Page 1 of 6 Location Map

78 EXHIBIT A Page 2 of 6 Site Plan

79 EXHIBIT A Page 3 of 6 Building Photos PHOTO FILE SIZE TOO LARGE FOR PAPERLESS AGENDA SYSTEM

80 EXHIBIT A Page 4 of 6 Building Photos PHOTO FILE SIZE TOO LARGE FOR PAPERLESS AGENDA SYSTEM

81 EXHIBIT A Page 5 of 6 Metes & Bounds Description

82 EXHIBIT A Page 6 of 6 Operational Plan

83 PLANNING AND ZONING COMMISSION DRAFT MINUTES OF OCTOBER 5, 2009 AGENDA PUBLIC HEARING ITEM: #6-SU091002, Specific Use Permit, 1701 E. Main Street, (City Council District 5). Senior Planner Martin Barkman presented the case report to the Commission for approval of a Specific Use Permit for a trucking company with outside storage. The site is currently zoned Light Industrial (LI) District and is generally located south of Main Street between 17th Street and 18th Street. This property is located in the Central Business District Three (CBD-3) Overlay District. The owner is United Rental. The applicant is Martin Transportation being represented by Walter Nelson. Mr. Barkman stated the proposed use would function as a trucking company with a maintenance facility and outside storage for their own trucks and trailers. Trucking companies are a permitted use within the Light Industrial (LI) District. However, because of the site s location within the Central Business Overlay District No. 3, it requires approval of a Specific Use Permit. Staff is recommending the Specific Use Permit because it allows the City to establish conditions for their operations through an operational plan. The existing site consists of acres, which is currently paved, with a mixture of asphalt and concrete paving. On approximately 1.3 acres at the rear of the site the asphalt paving has deteriorated to a point where it does not meet the City s paving standards and cannot be used. This area is being designated as Phase 2 and will not be used until the paving can be upgraded to meet current City standards. The remainder of the site is developed with three principal structures. The first being a 1,200 square foot one story brick building which is proposed to be used as an office. The second is a 14,400 square foot one story open sided structure, which will be used as covered parking for employee s personal vehicles. The third building is a 14,633 square foot metal building, with overhead doors, proposed to be used as a maintenance shop. The site provides 40 covered parking spaces for employees and 73 spaces for tractors and trailers. Additional employee parking will be available when tractors and trailers go out of the facility Martin Transportation proposes to use the site for limited trailer staging, parking for 80 tractors, and light maintenance will be done on an as needed basis for other equipment in the Martin Transportation network. The site will provide on-site parking for the drivers for three to five day trips. The location will be manned by a terminal manager, a shop foreman, and seven mechanics. The facility will operate 24 hours a day 7 days a week, with the exceptions of holidays and scheduled and unscheduled shutdowns of the GM plant in Arlington. The expected peak volume of tractors and trailers entering and departing the site is expected to be between 19 and 23 trips daily.

84 Mr. Barkman noted the applicant is appealing the requirement to provide masonry screening at the 25 foot building setback adjacent to the street right-of-way. Mr. Barkman said since the applicant is requesting the above noted appeals, the Development Review Committee is not able to recommend full approval of this case. However, the applicant is offering the following provisions as compensatory measures that could potentially lessen the impact of the requested appeals. 1. There is an existing wrought iron fence on the property line adjacent to E. Main Street. This entire site has been paved with the exception of approximately 1,600 square feet adjacent to the existing wrought iron fence along E. Main Street. The applicant has agreed to provide 58 five-gallon shrubs and 5 three-inch caliper trees with irrigation as a screening buffer adjacent to street right of way. 2. The applicant is providing new landscaping adjacent to street right-of-way which will act as a living screen that would partially buffer the storage use from public right-of-way. Commissioner Waggoner asked if there has been any feedback from the surrounding property owners regarding this case. Mr. Barkman replied none. Walter Nelson, 3012 Hobble Court, Grand Prairie, TX stepped forward representing Martin Transportation. Mr. Nelson stated Martin Transportation is a Grand Prairie business that has outgrown their current location on Roy Orr Boulevard. They would like to remain in the City of Grand Prairie. Commissioner Lester asked Mr. Nelson to explain how the trucking business would operate and if there would be any outside storage. Mr. Nelson stated what General Motors does is bring in auto parts to their facility from remote suppliers since they operate on a just-in-time production schedule at the GM plant. These trucks/trailers are used to transport the merchandise. On a rare occasion, there could be a truck loaded with merchandise on site. However, most of the time, the trucks and trailers will be empty while awaiting a new delivery assignment. Mr. Nelson noted they would also be required to meet the requirements set by the Environmental Services Department. Vice-Chairman Garrett noted there were no more speaker cards submitted for this case. There being no further discussion on the case, Commissioner Waggoner moved to close the public hearing and approve case SU granting the applicants appeal to the masonry screening requirement, the action and vote was recorded as follows: Motion: Waggoner Second: Koerth

85 Ayes: Adams, Koerth, Waggoner, Gray, Philipp, Lester, Moss and Garrett. Nays: None Approved: 8-0 Motion: carried.

86 PROPERTY NOTIFICATION LIST FID OWNERNAME OWNERADDRE OWNERZIP STR OWNERCITYS 0 HOLLOWELL RAY 1658 SMALL ST GRAND PRAIRIE TEXAS 1 RUSSELL ROLLIE F 2037 BALLA WAY GRAND PRAIRIE TEXAS 2 DANESHPARBAR 4745 DRUID HILLS DR FRISCO TEXAS 3 DANESHPARBAR 4745 DRUID HILLS DR FRISCO TEXAS 4 UNITED RENTALS REALTY LLC 111 N ORANGE AVE STE ORLANDO FLORIDA 5 GRAND PRAIRIE CITY OF 317 COLLEGE ST GRAND PRAIRIE TEXAS 6 TORRES ARTURO PO BOX GRAND PRAIRIE TEXAS 7 AVILA AMERICO & LETICIA 1650 SMALL ST GRAND PRAIRIE TEXAS 8 UNITED RENTALS REALTY LLC 111 N ORANGE AVE STE ORLANDO FLORIDA 9 ROMAN CATH DIOCESE DALLAS 3725 BLACKBURN ST DALLAS TEXAS 10 ATMEX INC PO BOX GRAND PRAIRIE TEXAS 11 LEAL ELVIRA P 309 N MARSALIS AVE DALLAS TEXAS 12 PATEL SANJAY T & PADMA S 1631 E MAIN ST GRAND PRAIRIE TEXAS 13 MISKOVITCH NITA CAROL C 3102 OAK LAWN AVE STE DALLAS TEXAS 14 RUSSELL ROLLIE F 2037 BALLA WAY GRAND PRAIRIE TEXAS 15 RUSS & RENE ENTERPRISES 1709 E MAIN ST GRAND PRAIRIE TEXAS 16 ADAMS BILL M & VALERIE K 6403 WESTCOAT DR COLLEYVILLE TEXAS 17 SRO INV LTD PS 4801 JOYCE BLVD HOUSTON TEXAS 18 UNITED RENTALS REALTY LLC 111 N ORANGE AVE STE ORLANDO FLORIDA 19 UNION PACIFIC RR CO 1400 DOUGLAS ST STOP OMAHA NEBRASKA 20 TORRES ARTURO PO BOX GRAND PRAIRIE TEXAS 21 DANESHPARBAR 4745 DRUID HILLS DR FRISCO TEXAS 22 SKYLINE APTS HOLDINGS LLC PO BOX MONTEREY CALIFORNIA 23 TORRES ARTURO PO BOX GRAND PRAIRIE TEXAS 24 VASQUEZ ABDON & 1654 SMALL ST GRAND PRAIRIE TEXAS 25 UNITED RENTALS N AMERICA INC 5 GREENWICH OFFICE PARK GREENWICH CONNECTICUT 26 GRAND PRAIRIE CITY OF 317 COLLEGE ST GRAND PRAIRIE TEXAS 27 CHAVEZ GUILLERMINA 1662 SMALL ST GRAND PRAIRIE TEXAS 28 ARAZI GROUP INC HARRY HINES BLVD DALLAS TEXAS

87

88 CITY COUNCIL COMMUNICATION From: The Office of the City Manager Date: Subject: Agenda Item No. D.3 SU Specific Use Permit - Novas Auto Shop E. Jefferson Street (City Council District 5). Consideration of a request for the approval of a Specific Use Permit for an automotive repair shop with tire repair. The site is currently zoned Commercial (C) District and is generally located south of Jefferson Street and east of Stephens Parkway. This property is located in the Central Business District Three (CBD-3) Overlay District. On October 5, 2009, the Planning and Zoning Commission recommended approval of this request by a vote of 8-0. PRESENTER: Chief City Planner Kevin Lasher ADJACENT LAND USES AND ACCESS: North - South - East - West - Immediately to the north is Jefferson Street, designated as a Principal Arterial, 6-lane divided thoroughfare (P6D) on the City s Master Transportation Plan. On the north side of Jefferson Street is Union Pacific Railroad right-of-way that is about 150 feet wide. Properties on the north side of the railroad property are zoned Commercial (C) District. Immediately to the south are single-family houses on lots zoned Two Family (2F) District. Houses in the Garnet Terrace subdivision were built around 1945 to 1950 and are typically pier and beam with wood frame construction. To the immediate east is a convenience store with gasoline sales (SUP-230) on property zoned General Retail (GR) District. The businesses along Jefferson Street fall within the Central Business District Three (CBD-3) Overlay District, which includes automotive services and retail. Immediately to the west is Stephens Parkway, a local collector. On the west side of Stephens Parkway are various general retail uses, such as a thrift store, TV repair and a beauty salon. The properties to the west are zoned General Retail (GR) District.

89 PURPOSE OF REQUEST: According to Article 4, Permissible Uses of the Unified Development Code (UDC), indoor and outdoor tire display and sales require a Specific Use Permit (SUP) in the General Retail (GR) District in accordance with the Permissible Use Charts. PROPOSED USE CHARACTERISTICS AND FUNCTION: This request is for a Specific Use Permit for an automotive repair shop with tire repair. An existing 1,785 square foot brick building is located on a 0.36 acre tract of land. The owner plans to leave the existing building in its current legal nonconforming condition. The proposed and existing uses will require five parking spaces. The Site Plan shows 13 parking spaces with one handicapped space. All existing parking areas are currently constructed of concrete. The required landscape area for the site is 5% of the gross site area. The amount of landscaping proposed meets this requirement; however, there are no existing landscape materials. The owner has agreed to plant four Live Oak trees along Stephens Parkway with irrigation. According to Article 8, Landscaping and Screening, Subsection 8.9.5(A), all non-residential development shall be required to erect a Type 1 fence on property lines adjacent to property zoned two-family. A six-foot masonry wall is required at the rear of the property, since the property to the south is zoned Two Family (2F) District. Since a six-foot wood fence and a vegetated alleyway already exist along the adjacent property line, the applicant is requesting an appeal to this requirement. According to Article 8, Landscaping and Screening, Subsection 8.9.6(A), all outside storage shall require a Type 1 screening fence within 40 feet of a street right-of-way line. A six-foot masonry wall is required along Stephens Parkway. The applicant is requesting an appeal to construct a six-foot cedar fence, since most of the commercial fences in the immediate vicinity are chain link fences. Knox locks will be provided on the gate for Fire Department access. According to Article 8, Landscaping and Screening, Subsection , dumpster areas shall be screened by a solid non-transparent masonry wall similar in material to the main structure. The applicant is requesting an appeal to construct a six-foot cedar fence, since the dumpster location is a pre-existing condition. All tire storage shall be within the existing main building or storage building at the rear of the property. Storage areas for old tire storage, prior to disposal, must be covered to avoid water in tires and mosquito harborage. New tires must also be stored in areas designated for tire storage. The applicant understands that tire storage may not exceed 6 feet in height, and must meet all code requirements for the Fire Department and Building Inspections Division. According to the operational plan, the hours of operation will be 8:00 a.m. to 6:00 p.m., Monday through Saturday. A typical business day will have three employees on staff. There will be no more than 8 vehicles stored on site for repairs. Since the proposed use is an auto repair shop with tire repair and replacement, all automobiles stored on site shall have a completed work order on file in the office. Work orders shall not

90 exceed 90 days. Automobiles stored on site for the purpose of repair do not include employee parking or visitor parking. Five employee and visitor parking spaces are shown in the front yard on the Site Plan. Eight parking spaces are shown in the rear yard for automobiles needing repair. Automobiles stored on site for the purpose of repair may not remain on site past 90 days. ZONING HISTORY: In the 1950 s, the subject property was a gasoline service station (SUP-36) in the Local Retail zoning district. SUP-36 expired when the use of the property changed to automotive repair. The Local Retail district converted to the General Retail (GR) district in 1972 [Ord. 2299]. The subject property was rezoned from General Retail (GR) district to Commercial (C) district on August 3, 1999 [Ord. 6107]. CONFORMANCE WITH COMPREHENSIVE PLAN: The Comprehensive Plan designates this area for commercial and retail uses. Consequently, staff has determined that this use is in conformance with the Proposed Land Use Map of the Comprehensive Plan as adopted in October of PROJECT S VESTED STATUS: The subject property is platted as Garnet Terrace, Block B, Lots 1 through 4. This projected is vested to the development standards in place at the time of development application submittal, August 25, DENSITY AND DIMENSIONAL IMPACTS: A sampling of development requirements applicable to this site are highlighted below: ORDINANCE PROVISION Required Landscaping Parking Required Screening Fence for Outside Storage Screening Fence for Res. Adjacency Signage Screening for Dumpster REQUIREMENT 5% of gross site area required 5 spaces required. Minimum 6-foot high masonry screening fence Minimum 6-foot high masonry screening fence Pole, monument and wall signs are allowed for commercial uses in areas outside of Overlay Districts. Minimum 6-foot high masonry screening fence. SITE PLAN CONFORMANCE In Conformance. Legally nonconforming condition. In Conformance. 13 spaces provided. Variance required for 6-foot tall cedar screening fence. Variance required for vegetative screening & existing wood fence. Not applicable. Variance required for 6-foot tall cedar screening fence.

91 REQUESTED APPEALS BY APPLICANT: 1. In accordance with Article 8, Subsection 8.9.5(A), a six-foot masonry wall is required at the rear of the property, since the property to the south is zoned Two Family (2F) District. Since a six-foot wood fence and a vegetated alleyway already exist along the adjacent property line, the applicant is requesting an appeal to this requirement. 2. In accordance with Article 8, Subsection 8.9.6(A), a six-foot masonry wall is required along Stephens Parkway. The applicant is requesting an appeal to construct a six-foot cedar fence, since most of the commercial fences in the immediate vicinity are chain link fences. 3. According to Article 8, Subsection , dumpster areas shall be screened by a solid nontransparent masonry wall similar in material to the main structure. The applicant is requesting an appeal to construct a six-foot cedar fence, since the dumpster location is a pre-existing condition. RECOMMENDATION: Since the applicant is requesting the above noted appeals, the Development Review Committee is not able to recommend full approval of this case. However, the applicant is offering the following provisions as compensatory measures that could potentially lessen the impact of the requested appeals. The owner has agreed to plant four Live Oak trees along Stephens Parkway with an irrigation line to serve them. The property will retain the vegetation that runs along the south property line that is adjacent to the single family residence. There will be no outside storage of new or used tires.

92 ORDINANCE NO. SPECIFIC USE PERMIT CASE NUMBER SU AN ORDINANCE OF THE CITY OF GRAND PRAIRIE, TEXAS AMENDING THE ZONING MAP AND ORDINANCE BY SHOWING THE LOCATION, BOUNDARY AND USE OF CERTAIN PROPERTY FOR A PROPOSED SPECIFIC USE PERMIT FOR AN AUTOMOTIVE REPAIR SHOP WITH TIRE REPAIR IN A COMMERCIAL (C) DISTRICT, TO WIT: BEING LOT 1, BLOCK B, GARNET TERRACE, IN THE CITY OF GRAND PRAIRIE, DALLAS COUNTY, TEXAS, AND BEING ADDRESSED AS 1121 E. JEFFERSON STREET, SAID ZONING MAP AND ORDINANCE BEING NUMBERED ORDINANCE NUMBER 4779 AND PASSED ON NOVEMBER 20, 1990; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND TO BECOME EFFECTIVE UPON ITS PASSAGE AND APPROVAL. WHEREAS, the owners of the property described herein below filed application with the City of Grand Prairie, Texas, petitioning an amendment of the Zoning Ordinance and map of said city so as to amend the zoning designation of said site to a Specific Use Permit for an Automotive Repair Shop with Tire Sales in a Commercial (C) District; and; WHEREAS, the Planning and Zoning Commission of Grand Prairie, Texas, held a public hearing on said application on October 5, 2009, after written notice of such public hearing before the Planning and Zoning Commission on the proposed Specific Use Permit had been sent to owners of real property lying within 300 feet of the property on which the creation of a Specific Use Permit for an Automotive Repair Shop with Tire Repair; is proposed, said Notice having been given not less than ten (10) days before the date set for hearing to all such owners who rendered their said property for City taxes as the ownership appears on the last approved City Tax Roll, and such Notice being served by depositing the same, properly addressed and postage paid, in the City Post Office; and WHEREAS, after consideration of said application, the Planning and Zoning Commission of the City of Grand Prairie, Texas voted 8 to 0 to recommend to the City Council of Grand Prairie, Texas, that said Zoning Ordinance and Map be amended to allow a Specific Use Permit for an Automotive Repair Shop with Tire Repair; and WHEREAS, Notice was given of a further public hearing to be held by the City Council of the City of Grand Prairie, Texas, in the City Hall Plaza Building at 6:30 o'clock P.M. on October 20, 2009 to consider the advisability of amending the Zoning Ordinance and Map as recommended by the Planning and Zoning Commission, and all citizens and parties at interest were notified that they would have an opportunity to be heard, such Notice of the time and place of such hearing having been given at least fifteen (15) days prior to such hearing by publication in the, Fort Worth Star Telegram, Fort Worth, Texas, a newspaper of general circulation in such municipality; and

93 WHEREAS, all citizens and parties at interest have been given an opportunity to be heard on all the matter of the Specific Use Permit and the City Council of the City of Grand Prairie, Texas, being informed as to the location and nature of the specific use proposed on said property, as well as the nature and usability of surrounding property, have found and determined that the property in question, as well as other property within the city limits of the City of Grand Prairie, Texas, has changed in character since the enactment of the original Zoning Ordinance to the extent that a specific use may be made of said property as herein provided and by reason of changed conditions, does consider and find that this amendatory Ordinance should be enacted since its provisions are in the public interest and will promote the health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS: SECTION 1. That Ordinance Number 4779, being the Unified Development Code of the City of Grand Prairie, Texas, showing the locations and boundaries of certain districts, and said Zoning Ordinance and Map having been made a part of an Ordinance entitled: "THE UNIFIED DEVELOPMENT CODE OF THE CITY OF GRAND PRAIRIE, TEXAS, AS PASSED AND APPROVED BY THE CITY COUNCIL ON THE 20TH DAY OF NOVEMBER, 1990, TOGETHER WITH ALL AMENDMENTS THERETO AND ENACTING A REVISED ORDINANCE ESTABLISHING AND PROVIDING FOR ZONING REGULATIONS; CREATING USE DISTRICTS IN ACCORDANCE WITH A COMPREHENSIVE PLAN..." and passed and approved November 20, 1990, as amended, is hereby further amended so as to establish a Specific Use Permit numbered for the property location described as follows: Being addressed as 1121 E. Jefferson Street, and being Lot 1, Block B, Garnet Terrace, in the City of Grand Prairie, Tarrant County, Texas, and as shown on the approved site plan labeled as Exhibit A, which is incorporated herein by reference. SECTION 2. Specific Use Permit FOR OPERATION OF AN AUTOMOTIVE REPAIR SHOP WITH TIRE REPAIR IN A COMMERCIAL (C) DISTRICT. The following conditions are hereby established as part of this ordinance: 1. All operations must conform to the Planning and Zoning Commission signed and approved site plan as provided in final submittal. 2. Must maintain compliance with all federal, state and local environmental regulations.

94 3. Must maintain compliance with city ordinance #7408 automotive related business regulations. 4. Must practice all best management practices listed in its storm water pollution prevention plan. 5. Designated parking and driveway aisles shall be improved to city standards and continually maintained. Storage of vehicles and construction equipment shall be upon an approved paved surface. 6. Tire storage shall no exceed 6 feet in height, and must meet all code requirements for the Fire Department and Building Inspections Division. 7. Any gates which restrict fire department access to property shall have a Knox padlock. Knox forms are available in Fire Administration. 8. The proposed use is an auto repair shop. All automobiles stored on site shall have a completed work order on file in the office. Work orders shall not exceed 90 days. Automobiles stored on site for the purpose of repair, does not include employee parking or visitor parking. Indicate employee and visitor parking on the Site Plan. Automobiles stored on site for the purpose of repair may not remain on site past 90 days. 9. Storage area, designated on the site plan for old tire storage prior to disposal, must be covered to avoid water in tires and mosquito harborage. New tires must also be stored in areas designated for tire storage. 10. Automobiles will not be allowed to park on any grass surfaces. SECTION 3. Compliance All development must conform to the approved Site Plan labeled as Exhibit A, which is herein incorporated by reference. 1. If no certificate of occupancy is issued for an Automotive Repair Shop with Tire Repair within one year, or the use is discontinued for a period of six months or more, the Specific Use Permit (SUP) will be terminated in accordance with Section C of the Unified Development Code. 2. The operation of the an Automotive Repair Shop with Tire Repair shall be in strict compliance with all requirements of the Environmental Services Department, Building Inspections, Police Department and Fire Administration. 3. The Development Review Committee will review the SUP two years after City Council approval to confirm compliance with UDC requirements and other regulatory issues. The DRC may administratively approve the renewal request or may send the request to City Council for

95 approval. Any unsafe or unauthorized operations or activities may be determined as grounds for revocation of the Specific Use Permit by the City Council. SECTION 4. It is further provided that in case a section, clause, sentence or part of this Ordinance shall be deemed or adjudged by a Court of competent jurisdiction to be invalid, then such invalidity shall not affect, impair or invalidate the remainder of this Ordinance. SECTION 5. All ordinances or parts of ordinances in conflict herewith are specifically repealed. SECTION 6. That this Ordinance shall be in full force and effect from and after its passage and approval. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS, THIS THE 20 TH OF OCTOBER, ATTEST: City Secretary APPROVED: Mayor APPROVED AS TO FORM: City Attorney

96 EXHIBIT A Location Map Page 1 of 4

97 EXHIBIT A Site Plan Page 2 of 4

98 EXHIBIT A Metes and Bounds Page 3 of 4 Exhibit A to grant from Humble Oil & Refining Company, a Delaware corporation, to James C. Hardin, of 1702 Willow Street, Grand Prairie, Texas: That certain tract or parcel of land being Lots One (1), Two (2), Three (3), and Four (4), Block B of Garnet Terrace, an addition to the City of Grand Prairie, Texas, according to the map records of Dallas County, Texas, said tract being situated at the southeast intersection of Jefferson Ave., and Stephens Parkway, and being more particularly described as follows: BEGINNING at a concrete monument at the intersection of the Southerly R.O.W. line of Jefferson Avenue and the Easterly R.O.W line of Stephens Parkway. THENCE N. 86d E feet along the Southerly R.O.W. line of Jefferson Avenue to corner at a concrete monument. THENCE S. 01d E feet to corner at a concrete monument in the Northerly R.O.W. line of a 15.0 alley. THENCE S. 86d W along the Northerly R.O.W. line of said 15.0 alley to corner at a concrete monument. THENCE N. 01d W feet along the Easterly R.O.W. line of Stephens Parkway to a concrete monument and place of beginning, containing.3624 acres of land, and being the same property as described in that certain deed dated November 2, 1953, and recorded in Vol. 3943, at Page 608 of the Deed Records of Dallas County, Texas.

99 EXHIBIT A Operational Plan Page 4 of 4 Operation Plan Zeferino Nova Novas Auto Date 09/22/09 To: Mary Elliott, Senior Planner City of Grand Prairie From: Case No: Subject: Zeferino Nova SU Special Use Permit Site Plan for Novas Auto, 1121 E. Jefferson Street Operations: Novas Auto is currently operating as an automobile shop in Grand Prairie. Novas Auto offers general repair and service for various makes and models of automobiles. Hours of Operation: Generally, Novas Auto is open between the hours of 8am until 6pm, Monday through Saturday. Types of Services: Novas currently offers general auto repair and service in Grand Prairie. We would like to extend our services to tire repair and replacement. Inventory of tires will be inside the facility. Services: brakes, oil change, tune ups, transmission fluid change, belts, general auto repair, etc. There is no transmission work done. Vehicle Storage: There will be no more than 8 vehicles stored on site for repairs. Employees: A typical business day will have 3 employees on staff. Novas Auto offers services similar to that of surrounding businesses. Zeferino Nova Novas Auto 1121 E. Jefferson Street Grand Prairie, Texas 78051

100 PLANNING AND ZONING COMMISSION DRAFT MINUTES OF OCTOBER 5, 2009 AGENDA PUBLIC HEARING ITEM: #7-SU091003, Specific Use Permit, Novas Auto Shop, 1121 E. Jefferson Street (City Council District 5). Senior Planner Mary Elliott presented the case report to the Commission for approval of a Specific Use Permit for an automotive repair shop with tire repair. The site is currently zoned Commercial (C) District and is generally located south of Jefferson Street and east of Stephens Parkway. This property is located in the Central Business District Three (CBD-3) Overlay District. The owenr is James C. Hardin. The applicant is Zeferino Nova and the agent is Monty Hudson. Mrs. Elliott stated this request is for a Specific Use Permit for an automotive repair shop with tire repair. An existing 1,785 square foot brick building is located on a 0.36 acre tract of land. The owner plans to leave the existing building in its current legal nonconforming condition. The proposed and existing uses will require five parking spaces. The Site Plan shows 13 parking spaces with one handicapped space. All existing parking areas are currently constructed of concrete. The required landscape area for the site is 5% of the gross site area. The amount of landscaping proposed meets this requirement; however, there are no existing landscape materials. The owner has agreed to plant four Live Oak trees along Stephens Parkway with irrigation. According to Article 8, Landscaping and Screening, Subsection 8.9.5(A), all non-residential development shall be required to erect a Type 1 fence on property lines adjacent to property zoned two-family. A six-foot masonry wall is required at the rear of the property, since the property to the south is zoned Two Family (2F) District. Since a six-foot wood fence and a vegetated alleyway already exist along the adjacent property line, the applicant is requesting an appeal to this requirement. According to Article 8, Landscaping and Screening, Subsection 8.9.6(A), all outside storage shall require a Type 1 screening fence within 40 feet of a street right-of-way line. A six-foot masonry wall is required along Stephens Parkway. The applicant is requesting an appeal to construct a six-foot cedar fence, since most of the commercial fences in the immediate vicinity are chain link fences. Knox locks will be provided on the gate for Fire Department access. According to Article 8, Landscaping and Screening, Subsection , dumpster areas shall be screened by a solid non-transparent masonry wall similar in material to the main structure. The applicant is requesting an appeal to construct a six-foot cedar fence, since the dumpster location is a pre-existing condition. All tire storage shall be within the existing main building or storage building at the rear of the property. Storage areas for old tire storage, prior to disposal, must be covered to avoid water in tires and mosquito harborage. New tires must also be stored in areas designated for tire storage. The applicant understands that tire storage may not exceed 6 feet in height, and must meet all code requirements for the Fire Department and Building Inspections Division.

101 According to the operational plan, the hours of operation will be 8:00 a.m. to 6:00 p.m., Monday through Saturday. A typical business day will have three employees on staff. There will be no more than 8 vehicles stored on site for repairs. Mrs. Elliott said since the proposed use is an auto repair shop with tire repair and replacement, all automobiles stored on site shall have a completed work order on file in the office. Work orders shall not exceed 90 days. Automobiles stored on site for the purpose of repair do not include employee parking or visitor parking. Five employee and visitor parking spaces are shown in the front yard on the Site Plan. Eight parking spaces are shown in the rear yard for automobiles needing repair. Automobiles stored on site for the purpose of repair may not remain on site past 90 days. Mrs. Elliott stated the applicant is requesting the following three appeals: 1. In accordance with Article 8, Subsection 8.9.5(A), a six-foot masonry wall is required at the rear of the property, since the property to the south is zoned Two Family (2F) District. Since a six-foot wood fence and a vegetated alleyway already exist along the adjacent property line, the applicant is requesting an appeal to this requirement. 2. In accordance with Article 8, Subsection 8.9.6(A), a six-foot masonry wall is required along Stephens Parkway. The applicant is requesting an appeal to construct a six-foot cedar fence, since most of the commercial fences in the immediate vicinity are chain link fences. 3. According to Article 8, Subsection , dumpster areas shall be screened by a solid nontransparent masonry wall similar in material to the main structure. The applicant is requesting an appeal to construct a six-foot cedar fence, since the dumpster location is a pre-existing condition. Mrs. Elliott stated since the applicant is requesting the above noted appeals, the Development Review Committee is not able to recommend full approval of this case. However, the applicant is offering the following provisions as compensatory measures that could potentially lessen the impact of the requested appeals. The owner has agreed to plant four Live Oak trees along Stephens Parkway with an irrigation line to serve them. The property will retain the vegetation that runs along the south property line that is adjacent to the single family residence. There will be no outside storage of new or used tires. Commissioner Lester asked for any code violations on this property. Mrs. Elliott replied there was an individual living in a trailer onsite. Code Enforcement issued them a citation and they are no longer there. The auto repair operation itself has no outstanding violations on record.

102 Monty Hudson, 3402 Founders Trail, Arlington, TX stepped forward representing the case and stated he was available to respond to any questions. Vice-Chairman Garrett noted there were no questions from the Commission, and no other speaker cards submitted for this case. There being no further discussion on the case, Commissioner Koerth moved to close the public hearing and approve case SU granting the applicants appeal for a six-foot wood fence and a vegetated alleyway at the rear of the adjacent property line, to construct a six-foot cedar fence along Stephens Parkway, and to screen the existing dumpster with a six-foot cedar fence, the action and vote was recorded as follows: Motion: Koerth Second: Moss Ayes: Adams, Koerth, Waggoner, Gray, Philipp, Lester, Moss and Garrett. Nays: None Approved: 8-0 Motion: carried.

103 PROPERTY NOTIFICATION LIST OWNERNAME OWNERADDRE OWNERCITYS OWNERZIP REYES ARTURO & 210 SE 12TH ST TX LUNEBORG CHRISTIAN H SR PO BOX TX HARDIN JAMES C 1701 WILLOW ST TX ARROYO SUANKA 214 STEPHENS PKWY TX CHACON AUTOS LTD E NORTHWEST HWY DALLAS, TX GOMEZ DELORES & 219 SE 12TH ST TX HOPKINS N D 822 FORT WORTH ST TX CONTRERAS OMERO & ANGELA 222 SE 12TH ST TX ARMENDAREZ SALVADOR M & 211 SE 12TH ST TX ARROYO SUANKA 7411 LAKE WHITNEY DR ARLINGTON, TX RIGGS MICHAEL L 1309 NADINE LN TX RIGGS MICHAEL 1309 NADINE LN TX NGUYEN JOHN P & LEIN 1207 GRANT DR RICHARDSON, TX GALLEGOS FAUSTINO 206 SE 12TH ST TX LOPEZ FRANCISCO J 3501 E DIVISION ST ARLINGTON, TX MORENO TERESA 213 STEPHENS PKWY TX ATKINSON CONCEPCION M 214 SE 12TH ST TX GONZALEZ DANIEL & JOBITA 215 SE 12TH ST TX HOPKINS EDNA S 301 SE 12TH ST TX BELCHER TIMOTHY M 221 STEPHENS PKWY TX SANCHEZ MANUEL JR & MARIA 225 STEPHENS PKWY TX UHAUL COMPANY OF DLS FT W PO BOX PHOENIX AR SHENILA INC 2684 NUTWOOD TRCE DULUTH GEORGIA

104 REYES JOSE A & BELINDA 534 CURTS DR TX DOMINGUEZ JOSE JUAN 218 STEPHENS PKWY TX CHONG ROSAURA 230 STEPHENS PKWY TX POTOMAC REALTY CO LLC 721 GLENEAGLES DR FT WASHINGTON MD POTOMAC REALTY CO LLC 721 GLENEAGLES DR FORT WASHINGTON MD UNION PACIFIC RR CO 1400 DOUGLAS ST STOP 1640 OMAHA NEBRASKA HAYS JOHN WAYNE & 207 SE 12TH ST TX GARZA ELIDA E 222 STEPHENS PKWY TX MANUEL B SANCHEZ 226 STEPHENS PKWY TX UHAUL COMPANY OF DLS FT W PO BOX PHOENIX ARIZONA MARTINEZ MANUELA 217 STEPHENS PKWY TX AVELAR LORENZO & ESTHER 229 STEPHENS PKWY TX EDELMAN HERMAN & LILIAN 2727 WILTON AVE DALLAS, TX SHERMAN DON 4309 MATTHEW RD TX RENACQ INC PO BOX 329 ALLEN, TX

105 CITY COUNCIL COMMUNICATION From: The Office of the City Manager Date: Subject: Agenda Item No. D.4 SU Specific Use Permit - Cell Tower TX-DALO W. Warrior Trail (City Council District 2). PRESENTER: Consideration of a request for the approval of a Specific Use Permit for a cellular tower that encroaches into the setback of a residential zoning district specified by Section of the Unified Development Code. The site is currently zoned Single Family One (SF-1) District and is generally located south of W. Warrior Trail and east of Corn Valley Road. On October 5, 2009, the Planning and Zoning Commission recommended approval of this request by a vote of 8-0. Chief City Planner Kevin Lasher SUMMARY: Addendum: The applicant, upon the recommendation of staff, has modified this request to a Specific Use Permit for the construction of a telecommunications monopole in a residential zoning district on unplatted property. The applicant has agreed to relocate the tower site further away from the existing residential neighborhood situated west of the high school athletic fields. ADJACENT LAND USES AND ACCESS: North: Directly north of the subject property are the main buildings on the South Grand Prairie High School campus. Beyond the property line of the high school is W. Warrior Trail, which is classified as a M4U (minor arterial, four lanes, undivided roadway) according to Article 23, Master Transportation Plan, of the Unified Development Code. North of W. Warrior Trail is a residential neighborhood zoned Planned Development District 120 (PD-120) for duplexes and townhomes. South: Directly south of the subject property is Kirby Creek Municipal Park, which is zoned Single Family-One (SF-1) District.

106 East: West: Directly east of the subject property is Corn Valley Road, which is classified as a M4U (minor arterial, four lanes, undivided roadway) according to Article 23, Master Transportation Plan, of the Unified Development Code. Beyond Corn Valley Road is a vacant tract of land zoned General (GR) Retail District. Directly west of the subject property is track and field/football field and parking lot for the athletic fields at South Grand Prairie High School. Beyond the parking lot is a R2U (rural street, two lane, undivided roadway) according to Article 23, Master Transportation Plan, of the Unified Development Code that is privately owned by the school district. West of this road is a residential neighborhood zoned Planned Development District 87 (PD-87) for Single Family-Two (SF-2) and Single Family-Three (SF-3) uses. PURPOSE OF REQUEST: The proposed request is for the approval of a Specific Use Permit for the construction of an unmanned telecommunications tower with an eighty-five (85 ) foot high monopole and three (3) T-Arm mounts supporting three (3) sector antennas with DAP microwave dishes attached situated within a Single Family-One (SF-1) District. In addition to the antenna, there will be an adjacent equipment cabinet surrounded by a masonry block wall. PROPOSED USE CHARACTERISTICS AND FUNCTION: The proposed lease area will function as an unmanned telecommunications tower with an equipment storage area adjacent to the monopole. The monopole and the equipment storage area will be new construction and support three (3) antennas/microwave dishes that will send and receive wireless signals within the FCC dedicated 2.5 GHz signal bandwidth. The site will be accessible to certified Clearwire technicians twenty-four hours a day, seven days a week from both Warrior Trail (via a private drive owned by Grand Prairie Independent School District) and Corn Valley Road (via Kirby Creek Municipal Park to the south). ZONING HISTORY: The Single Family (SF) land use classification has existed on the site since it was annexed into the City of Grand Prairie on November 1, 1966 by Ordinance No The property is currently zoned Single Family-One (SF-1) District, and staff has not found any zoning cases indicating any previous zoning designations. Therefore, it has been determined that the property has assumed a residential zoning designation since annexation. On January 8, 2008, the City Council approved a Specific Use Permit request for an unmanned telecommunications tower with an eighty-five (85 ) foot high stealth monopole that is placed at the approximate southeast corner of the football field under Case No. SU The approved telecommunications tower was constructed with all antenna arrays being concealed inside the tower s exterior profile. The proposed new tower will be equipped with microwave dish

107 antennae, which cannot be concealed inside a steel structure. Therefore, an appeal to the alternative mounting (stealth) requirement, defined in Section 24.2 of the UDC, will be required. CONFORMANCE WITH COMPREHENSIVE PLAN: The proposed telecommunications tower use is not in compliance with the Comprehensive Plan, which calls for low-density residential land uses for this area. An amendment to the Comprehensive Plan will not be necessary if this Specific Use Permit request is approved since the proposed use will be located on a leased area owned by the public school district. PROJECT S VESTED STATUS: The lease area will be vested to all pertinent development standards, as allowed by law, which were in effect on the date of application submittal of August 25, Should the use of this site be converted to a use other than a telecommunications tower, then all pertinent standards and requirements specified by the Unified Development Code shall be applied to the new land use. DENSITY AND DIMENSIONAL IMPACTS: Density and dimensional standards and impacts are highlighted below: ORDINANCE PROVISION (UDC) Co-Location (24.4.3) Fencing and Screening (24.4.4) Yard Setbacks (24.4.5) REQUIREMENT Towers shall be designed to accommodate a minimum of two cellular or PCS providers if over 75 feet in height. The owner of the tower must certify to the City that the tower is available for use by other telecommunications service providers on a reasonable and nondiscriminatory basis. Security fencing shall be a wrought iron or steel chain link fence with evergreen hedge, or a masonry wall, each not less than six (6) feet in height. All telecommunication towers shall be located within the buildable area of the lot and not within the front, rear or side yard building setbacks. Setbacks for a Single Family-One (SF-1) Property are as follows: Front Yard Setback: 30 Feet Internal Side Yard Setback: 8 Feet Side Yard on Arterial: 30 Feet Rear Yard Setback: 10 Feet LEVEL OF CONFORMANCE In Conformance: The applicant has stated that the proposed monopole will be constructed to support two cellular or PCS providers, and that the tower will be made available to all providers on a reasonable and nondiscriminatory basis. In Conformance: The applicant is proposing to construct a masonry block wall to surround the lease area that will be painted to match the exterior of the adjacent buildings. In Conformance

108 Platting Requirement (24.3.2) Setback from Residential Zoning (24.5.2) Alternative Mounting Structure (24.2 & C.) Platted Lots, of the Unified Development Code, unless an exception is granted by the Planning and Zoning Commission telecommunications facilities requiring rezoning or a Specific Use Permit (SUP), including towers and related equipment buildings, shall be located on a platted lot. telecommunications towers are not permitted in any residential zoning district and must be a minimum of a three (3) to one (1) distance to height ratio from a single family residential district Alternative Mounting Structure. A man made tree, clock tower, church steeple, bell tower, utility pole, light standard, identification pylon, flagpole, or similar structure, designed to support and camouflage or conceal the presence of telecommunications antennas. All new Alternative Mounting Structures located in the residential zoning districts shall require a Specific Use Permit (SUP). Not in Conformance: Appeal required Not in Conformance: Appeal required (Although the applicant has agreed to relocate the tower site further away from the existing residential neighborhood situated west of the high school athletic fields, the school property is zoned Single Family-One (SF-1) District. Thus, this appeal is still required.) Not in Conformance: Appeal required (The proposed tower will contain microwave dish antennas that cannot be concealed within a steel structure. These dish antennae will be used to transmit wireless data for use over the internet.) REQUESTED APPEALS BY APPLICANT: The applicant is appealing to allow a telecommunications tower that is not constructed with an Alternative Mounting Structure and is located on residentially zoned property that is unplatted. According to Article 24, Wireless Telecommunications Facilities, Section 3.2, Platted Lots, of the Unified Development Code, unless an exception is granted by the Planning and Zoning Commission telecommunications facilities requiring rezoning or a Specific Use Permit (SUP), including towers and related equipment buildings, shall be located on a platted lot. According to Article 24, Wireless Telecommunications Facilities, Section 5.2, Residential Zoning, of the Unified Development Code, telecommunications towers are not permitted in any residential zoning district and must be a minimum of a three (3) to one (1) distance to height ratio from a single family residential district According to Article 24, Wireless Telecommunications Facilities, Section 2, Definitions, an Alternative Mounting Structure is defined as A man made tree, clock tower, church steeple, bell tower, utility pole, light standard, identification pylon, flagpole, or similar structure, designed to support and camouflage or conceal the presence of telecommunications antennas. Furthermore, Section C requires approval of an SUP for towers located within residential zoning districts.

109 As mentioned above, a similar SUP request has been approved by both the Planning and Zoning Commission and the City Council for this property. As a result of this precedence, and since the applicant has agreed to relocate the tower site further away from the existing residential neighborhood situated west of the high school athletic fields, staff does not object to the applicants appeals. RECOMMENDATION: Although the applicant is requesting the three appeals noted above, the Development Review Committee (DRC) considers this Specific Use Permit (SUP) application to meet the sprit and intent of Article 24, Wireless Telecommunications Facilities, of the Unified Development Code. The applicant s appeals are deemed acceptable since there is another wireless telecommunications tower on the property that is constructed to a similar scale as the proposed structure. Furthermore, there are conditions contained in the draft ordinance that ensure that the site will be operated in full compliance with all applicable federal, state, and local regulations. Furthermore, all prescribed height-to-setback ratios will be met from adjoining residential neighborhoods abutting both the high school property and Kirby Creek Municipal Park to the south. Therefore, the DRC recommends full approval

110 ORDINANCE NO. _ CASE NO. SU SPECIFIC USE PERMIT NO. _ AN ORDINANCE OF THE CITY OF GRAND PRAIRIE, TEXAS, SHOWING THE LOCATION, BOUNDARY AND USE OF CERTAIN PROPERTY FOR A SPECIFIC USE PERMIT FOR AN 85-FOOT HIGH TELECOMMUNICATIONS TOWER, TO WIT: BEING, ACRES OF LAND (THE LEASE AREA) OUT OF THE EDWARD O CONNOR SURVEY, ABSTRACT 1100, CITY OF GRAND PRAIRIE, DALLAS COUNTY, TEXAS; SAID ACRES BEING SITUATED SOUTH OF WARRIOR TRAIL, WEST OF CORN VALLEY ROAD ON THE APPROXIMATE SOUTH WESTERN CORNER OF THE SOUTH GRAND PRAIRIE HIGH SCHOOL CAMPUS; SAID ZONING MAP AND ORDINANCE BEING NUMBERED ORDINANCE 4779 AND PASSED ON NOVEMBER 20, 1990; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND TO BECOME EFFECTIVE UPON ITS PASSAGE AND APPROVAL. WHEREAS, on August 25, 2009, in accordance with the requirements of Article 24, Wireless Telecommunications Facilities, of the Unified Development Code (UDC) of the City of Grand Prairie, Texas, the owners of the property described herein below filed application with the City of Grand Prairie, Texas, petitioning an amendment of the Zoning Ordinance and map of said city so as to establish a Specific Use Permit for an 85-Foot High Telecommunications Tower; and WHEREAS, the Planning and Zoning Commission of Grand Prairie, Texas, held a public hearing on said application on October 5, 2009, after written notice of such public hearing before the Planning and Zoning Commission on the proposed Specific Use Permit had been sent to owners of real property lying within 300 feet of the property on which the creation of a Specific Use Permit for an 85-Foot High Telecommunications Tower is proposed, said Notice having been given not less than ten (10) days before the date set for hearing to all such owners who rendered their said property for City taxes as the ownership appears on the last approved City Tax Roll, and such Notice being served by depositing the same, properly addressed and postage paid, in the City Post Office; and WHEREAS, after consideration of said application, the Planning and Zoning Commission of the City of Grand Prairie, Texas voted 8 to 0 to recommend to the City Council of Grand Prairie, Texas, that said Zoning Ordinance and Map be amended to allow a Specific Use Permit for an 85-Foot High Telecommunications Tower; and

111 WHEREAS, Notice was given of a further public hearing to be held by the City Council of the City of Grand Prairie, Texas, in the City Hall Plaza Building at 6:30 o'clock P.M. on October 20, 2009 to consider the advisability of amending the Zoning Ordinance and Map as recommended by the Planning and Zoning Commission, and all citizens and parties at interest were notified that they would have an opportunity to be heard, such Notice of the time and place of such hearing having been given at least fifteen (15) days prior to such hearing by publication in the Fort Worth Star Telegram, Fort Worth, Texas, a newspaper of general circulation in such municipality; and WHEREAS, all citizens and parties at interest have been given an opportunity to be heard on all the matter of the Specific Use Permit and the City Council of the City of Grand Prairie, Texas, being informed as to the location and nature of the specific use proposed on said property, as well as the nature and usability of surrounding property, have found and determined that the property in question, as well as other property within the city limits of the City of Grand Prairie, Texas, has changed in character since the enactment of the original Zoning Ordinance to the extent that a specific use may be made of said property as herein provided and by reason of changed conditions, does consider and find that this amendatory Ordinance should be enacted since its provisions are in the public interest and will promote the health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS: SECTION 1. That Ordinance Number 4779, being the Unified Development Code of the City of Grand Prairie, Texas, showing the locations and boundaries of certain districts, and said Zoning Ordinance and Map having been made a part of an Ordinance entitled: "THE UNIFIED DEVELOPMENT CODE OF THE CITY OF GRAND PRAIRIE, TEXAS, AS PASSED AND APPROVED BY THE CITY COUNCIL ON THE 20TH DAY OF NOVEMBER, 1990, TOGETHER WITH ALL AMENDMENTS THERETO AND ENACTING A REVISED ORDINANCE ESTABLISHING AND PROVIDING FOR ZONING REGULATIONS; CREATING USE DISTRICTS IN ACCORDANCE WITH A COMPREHENSIVE PLAN..." and passed and approved November 20, 1990, as amended, is hereby further amended so as to establish a Specific Use Permit numbered _ for the property location described in the attached Exhibit A (the Lease Area) which is incorporated herein by reference into this ordinance. SECTION 2. SPECIFIC USE PERMIT A. FOR OPERATION OF AN 85-FOOT HIGH TELECOMMUNICATIONS TOWER: 1. To the extent allowed under law, all development and use of the 85-Foot High Telecommunications Tower shall be required to meet the Telecommunications Tower

112 Standards stipulated in Article 24 Section 4.1, Applicable Federal and State Standards and Section 4.2, Structural Standards, of the Unified Development Code. 2. To the extent allowed under law, the continued operation of the 85-Foot High Telecommunications Tower shall be in strict compliance with all listed conditions of this Ordinance and to all other applicable local, state and federal requirements. 3. To the extent allowed under law, site design and construction of improvements situated within the Lease Area shall be required to meet the minimum standards established in Article 24, Wireless Telecommunications Facilities, of the Unified Development Code. 4. A building permit shall be required for the Lease Area and the proposed monopole, antennas, and microwave dishes in accordance with the Code of Ordinances (City Codes) of the City of Grand Prairie. If no building permit has been issued for an 85- Foot High Telecommunications Tower within six months, or the use is discontinued for a period of six months or more, the Specific Use Permit shall automatically terminate in accordance with Article 5, Specific Uses, of the Unified Development Code. 5. In accordance with Section , Alternate Mounting Structures, of the Unified Development Code, alternative mounting structures must be of a similar color, scale and character as the adjoining buildings or structures and/or blend in with the landscaping and other surroundings immediately adjacent to them so as to generally avoid the creation of unique visual objects that stand out in the environment. B. SITE PLAN FOR THE 85-FOOT HIGH TELECOMMUNICATIONS TOWER EXHIBIT B : 1. Final site plan mylars shall be submitted to the Planning and Development Department that reflect conformance with the approved site plan submittal attached to this ordinance as Exhibit B which is incorporated herein by reference. 2. Any future improvements to the approved site plan shall be resubmitted to the City of Grand Prairie for review and approval. 3. The tower location shall maintain a minimum three (3) to one (1) distance to height ratio from single family residential zoning districts, and a minimum of a one (1) to one (1) distance to height ratio from all multifamily zoning districts, that adjoin the South Grand Prairie High School campus property, or that adjoin the City of Grand Prairie public park site to the south of the Lease Area. 4. If a security fence is to be installed for the Lease Area, it shall be a masonry wall not less than six (6) feet in height. The exterior of the wall and any equipment or buildings visible from any areas surrounding the lease site must have a neutral finish or be painted to reflect the color and character of adjoining structures and other

113 SECTION 3. surroundings in accordance with Section , Fencing and Screening, of the Unified Development Code. The location and detail of the proposed security fence is depicted on the attached Exhibit B. A fence permit shall be required. It is further provided that in case a section, clause, sentence or part of this Ordinance shall be deemed or adjudged by a Court of competent jurisdiction to be invalid, then such invalidity shall not affect, impair or invalidate the remainder of this Ordinance. SECTION 4. All ordinances or parts of ordinances in conflict herewith are specifically repealed. SECTION 5. That this Ordinance shall be in full force and effect from and after its passage and approval. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS, THIS THE 20 TH DAY OF OCTOBER ATTEST: APPROVED: City Secretary Mayor APPROVED AS TO FORM: City Attorney

114 Exhibit A Property Owner Notification Map Page 1of 3

115 Exhibit A Lease Area Site Plan Page 2 of 3

116 Exhibit A Metes and Bounds Page 3 of 3

117 Exhibit B Site Plan Page 1 of 9

118 Exhibit B Site Plan Page 2 of 9

119 Exhibit B Site Plan Page 3 of 9

120 Exhibit B Site Plan Page 4 of 9

121 Exhibit B Site Plan Page 5 of 9

122 Exhibit B Site Plan Page 6 of 9

123 Exhibit B Site Plan Page 7 of 9

124 Exhibit B Site Plan Page 8 of 9

125 Exhibit B Site Plan Page 9 of 9

126

127

128 PLANNING AND ZONING COMMISSION DRAFT MINUTES OF OCTOBER 5, 2009 AGENDA PUBLIC HEARING ITEM: #8-SU091004, Specific Use Permit, Cell Tower TX- DALO185, 307 W. Warrior Trail (City Council District 2). Current Planner Ryan Miller presented the case report to the Commission for approval a Specific Use Permit for a cellular tower that encroaches into the setback of a residential zoning district specified by Section of the Unified Development Code. The site is currently zoned Single Family One (SF-1) District and is generally located south of W. Warrior Trail and east of Corn Valley Road. The owner is Grand Prairie Independent School District. The applicant is Todd Barclay with Clearwire and the agent is Glenn Davis. Mr. Miller stated the applicant, upon the recommendation of staff, has modified this request to a Specific Use Permit for the construction of a telecommunications monopole in a residential zoning district on unplatted property. The applicant has agreed to relocate the tower site further away from the existing residential neighborhood situated west of the high school athletic fields. Mr. Miller stated the proposed lease area would function as an unmanned telecommunications tower with an equipment storage area adjacent to the monopole. The monopole and the equipment storage area will be new construction and support three (3) antennas/microwave dishes that will send and receive wireless signals within the FCC dedicated 2.5 GHz signal bandwidth. The site will be accessible to certified Clearwire technicians twenty-four hours a day, seven days a week from both Warrior Trail (via a private drive owned by Grand Prairie Independent School District) and Corn Valley Road (via Kirby Creek Municipal Park to the south). Mr. Miller noted the applicant is appealing to allow a telecommunications tower that is not constructed with an Alternative Mounting Structure and is located on residentially zoned property that is unplatted. Three specific appeals have been identified: 1. According to Article 24, Wireless Telecommunications Facilities, Section 3.2, Platted Lots, of the Unified Development Code, unless an exception is granted by the Planning and Zoning Commission telecommunications facilities requiring rezoning or a Specific Use Permit (SUP), including towers and related equipment buildings, shall be located on a platted lot. 2. According to Article 24, Wireless Telecommunications Facilities, Section 5.2, Residential Zoning, of the Unified Development Code, telecommunications towers are not permitted in any residential zoning district and must be a minimum of a three (3) to one (1) distance to height ratio from a single family residential district 3. According to Article 24, Wireless Telecommunications Facilities, Section 2, Definitions, an Alternative Mounting Structure is defined as A man made tree, clock tower, church steeple, bell tower, utility pole, light standard, identification pylon, flagpole, or similar structure, designed to support and camouflage or conceal the presence of telecommunications antennas. Furthermore, Section C requires approval of an SUP for towers located within

129 residential zoning districts. Mr. Miller also noted a similar SUP request has been approved by both the Planning and Zoning Commission and the City Council for this property. As a result of this precedence, and since the applicant has agreed to relocate the tower site further away from the existing residential neighborhood situated west of the high school athletic fields, staff does not object to the applicants appeals. Mr. Miller stated although the applicant is requesting the three appeals noted above, the Development Review Committee (DRC) considers this Specific Use Permit (SUP) application to meet the sprit and intent of Article 24, Wireless Telecommunications Facilities, of the Unified Development Code. The applicant s appeals are deemed acceptable since there is another wireless telecommunications tower on the property that is constructed to a similar scale as the proposed structure. Furthermore, there are conditions contained in the draft ordinance that ensure that the site will be operated in full compliance with all applicable federal, state, and local regulations. Furthermore, all prescribed height-to-setback ratios will be met from adjoining residential neighborhoods abutting both the high school property and Kirby Creek Municipal Park to the south. Therefore, the DRC recommends full approval of this SUP request. Glenn Davis, 4025 Dorris Road, Irving, TX stepped forward representing the case. Mr. Davis complimented Mr. Miller and staff on preparing this case, and offered to respond to any questions from the Commission. Vice-Chairman Garrett noted there were no questions, and there were no other speaker cards submitted for this case. There being no further discussion on the case, Commissioner Adams moved to close the public hearing and approve case SU granting the applicants appeal to allow a telecommunications tower that is not constructed with an Alternative Mounting Structure located on a residentially zoned property that is unplatted, the action and vote was recorded as follows: Motion: Adams Second: Philipp Ayes: Adams, Koerth, Waggoner, Gray, Philipp, Lester, Moss and Garrett. Nays: None Approved: 8-0 Motion: carried.

130 PROPERTY NOTIFICATION LIST FID OWNERNAME OWNERADDRE OWNERCITYS OWNER 0 GOODRIDGE MARVA 617 STONEHENGE DR TX NAJERA AURELIANO 615 STONEHENGE 1 & DR TX W WARRIOR 2 HERRING REBECCA TRL TX SILLER LUIS C & ROSA D WEISENBERGER DR DALLAS, TX PALOMINO JOSEPH G 2848 RAGLAND RD MANSFIELD, TX BROOKS RICHARD W & PO BOX 498 FORNEY, TX MUADDI RAMY GABRIEL & 2779 MORGAN DR SAN RAMON CA HATCHETT MARVIN P & PO BOX ARLINGTON, TX JENSEN RAYMOND LEE 520 CORTEZ RD ARCADIA CA MUADDI RAMY G TR 2779 MORGAN DR SAN RAMON CA DORK LINDA GAIL 3110 GREGORY LN TX MULVANEY 11 CHARLES P 335 GREGORY LN TX PRUITT LISA 314 N HOLIDAY DR TX GRAND PRAIRIE I S 13 D PO BOX TX CHRISTOPHER 14 KNOTT LARRY CARL CT TX ARAGON JOSE L 3158 CHRISTOPHER ST TX HOWARD LAVERNE 3178 CHRISTOPHER 16 M ST TX MACKEY TERRY GLENN & 2007 MATAGORDA CT TX DURAN ROBERTO A ET AL 3153 CHRISTOPHER ST TX GRAND PRAIRIE CITY OF 317 COLLEGE ST TX STONEHENGE 20 AGUIRRE RUBIDIA DR TX PEREZ VICTOR & 603 STONEHENGE DR TX

131 22 MUADDI RAMY GABRIEL & 2779 MORGAN DR SAN RAMON CA STONE GORDON & 2917 SHANNON LN TX STONE GORDON T & 2914 SPARTACUS DR TX LONG MADELON 314 W WARRIOR TRL TX STONE GORDON T & 2914 SPARTACUS DR TX CASTILLO JUAN & 1820 ESTERS RD 27 ERNESTINA APT 2035 IRVING, TX BROWN DINA E PO BOX TX JENSEN RAYMOND 29 LEE 520 CORTEZ RD ARCADIA CA HUYNH ANNIE 1925 SE 14TH ST TX BROWN 31 CONSULTANTS & PO BOX TX TRANUM JANET 321 GREGORY LN TX STONE GORDON T & 2914 SPARTACUS DR TX ZIMMER MARY K 406 N HOLIDAY DR TX BARFIELD CECIL 35 DON & ANN 309 S HOLIDAY DR TX CAMARILLO ALVARO 402 CHRISTOPHER CT TX DOBOS MICHAEL ARTHUR 405 CHRISTOPHER CT TX DUNSTAN KATHRYN V 619 STONEHENGE DR TX MUADDI RAMY GABRIEL & 2779 MORGAN DR SAN RAMON CA STONEHENGE 40 RITCHEY DAVID L DR TX STONE GORDON 612 W WARRIOR TRL TX PALOMINO JOSEPH 42 G 2848 RAGLAND RD MANSFIELD, TX W WARRIOR TRL TX ESTRADA HELEN C HATCHETT MARVIN 44 P & PO BOX ARLINGTON, TX

132 45 JENSEN RAYMOND L 520 CORTEZ RD ARCADIA CA OLDHAM GERTRUDE 46 J 414 N HOLIDAY DR TX SCHULER WALTER H 402 N HOLIDAY DR TX OLDE CHRISTOPHER 48 J & 413 S HOLIDAY DR TX ANDRADE MARIA C & 406 CHRISTOPHER CT TX RODRIGUEZ PEDRO & ANNA 3102 CHRISTOPHER ST TX CHRISTOPHER 51 MEJIA EDDIE & ST TX YBARRA JAVIER A & 3150 CHRISTOPHER ST TX JAIMES MARIA 2020 SANDY LN IRVING, TX SOUTH PARK 401 W WARRIOR 54 BAPTIST TRL TX VO TO & MAY T 406 BUENA DR TX LEAGUE TANIESHA 3110 CHRISTOPHER ST TX DAVIS JEREMY D & 3138 CHRISTOPHER 57 TONYA M ST TX GRAND PRAIRIE CITY OF 317 COLLEGE ST TX KINGDOM ROUP INV INC 3202 CORN VALLEY RD TX WALNUT HILL 60 RBT INC LN STE 1200 DALLAS, TX KELLEY ROSE M 3353 CORN VALLEY RD TX GUERRA JESUS M & 3662 RACQUET CLUB DR TX JENSEN RAYMOND L 520 CORTEZ RD ARCADIA CA CAMPBELL ANNA H 606 W WARRIOR TRL TX STONE GORDON & 2914 SPARTACUS DR TX ONEAL NEIMON & 310 W WARRIOR TRL TX BURNS GERALD R & 3054 BROOKFIELD 67 BEATRIZ DR TX RAY RICHARD B & TONI R 802 COBBLESTONE CT CEDAR HILL, TX CAROLINA ST

133 TX STONEHENGE DR TX MCKAHAN RICHARD A 3121 FM 2738 ALVARADO, TX STONEHENGE 72 SOLDEVILA ANA DR TX SAMADZADA FARID 3302 WENDOVER CT RICHARDSON, TX OBRIEN SANTIAGO S 302 WILDFLOWER DR TX SANCHEZ YSIDRO & 728 N CRAWFORD 75 MICKEY ST DALLAS, TX LOZANO ADOLPH E 305 S HOLIDAY DR TX MARTINEZ 77 CHARLOTTE L 402 BUENA DR TX TORRES MARIA & JOSE S 3114 CHRISTOPHER ST TX QUEZADA JOSE LUIS & 3118 CHRISTOPHER ST TX BROOKS RICHARD W PO BOX 498 FORNEY, TX STONE GORDON T & 2914 SPARTACUS 81 TRUDIE A DR TX W WARRIOR 82 STARKS ELZADA Y. TRL TX HERNANDEZ 522 W WARRIOR 83 ANDRES & IRMA TRL TX NGUYEN JOE PO BOX TX MCCLAIN KRISTIN A 4576 JOUSTING LN TX BROWN 86 CONSULTANTS & PO BOX TX WATSON CREOLA J 325 GREGORY LN TX BAKER BILLY 88 WAYNE JR 319 GREGORY LN TX ALVARADO VICTOR 306 N HOLIDAY DR TX BRYANS BUDDY & 90 DEBORAH 301 CAMPFIRE DR TX ALVARADO PASTOR 301 GLENDALE DR TX THOMAS RUBEN JR 92 & 405 BUENA DR TX

134 93 94 TROST GEORGE E & MARY L 3161 CHRISTOPHER ST TX WINN CARROLL B 95 TRUSTEE 2117 IDLEWOOD DR GRAPEVINE, TX STONE GORDON T & TRUDIE A 2914 SPARTACUS DR TX W WARRIOR 97 VUU KHANH BAO TRL TX GOODMAN CHARLES 306 W WARRIOR TRL TX YBARRA JOHN H & 308 W WARRIOR TRL TX STONE GORDON & 100 TRUDIE A 2917 SHANNON LN TX STONE GORDON & TRUDIE A 2917 SHANNON LN TX W WARRIOR 102 SOSA JUAN A SR TRL TX W WARRIOR TRL GRAND PRAIRIE, TX MUADDI RAMY 104 GABRIEL & 2779 MORGAN DR SAN RAMON CA TASG INVESTMENTS 105 INC PO BOX TX CAMPBELL 106 CRYSTAL L PO BOX TX JENSEN RAYMOND L 520 CORTEZ RD ARCADIA CA TASG INVESMENTS 108 INC PO BOX TX COLOSSEUM GRAND 109 WAY PRAIRIE, TX GONZALEZ MIGUEL 110 & 307 GREGORY LN TX CORADO CARLOS A 310 N HOLIDAY DR TX MONRROY ISMAEL 112 JR & 302 N HOLIDAY DR TX CALABAZA TOMMY 113 D & 401 BUENA DR TX CHRISTOPHER 114 HERNANDEZ JOSE ST TX GREEN COVE 115 GONZALEZ AURORA LN DALLAS, TX JACKSON MICHAEL E & 3173 CHRISTOPHER ST TX

135 117 SANDERS BONNIE A 406 CURTS DR TX C/O K THOMPSON PO BOX DALLAS, TX 119 OLDHAM KENNETH 414 N HOLIDAY DR TX CORTEZ 621 STONEHENGE 120 JACQUELINE A & DR TX LEWIS JEWEL M 717 S HOLIDAY DR TX MUADDI RAMY G TR 122 & 2779 MORGAN DR SAN RAMON, CA W WARRIOR 123 YEP JUA M & TRL TX MUADDI RAMY 124 GABRIEL & 2779 MORGAN DR SAN RAMON, CA MOOREWOOD 125 BOLES OBADIAH DR ARLINGTON, TX MUADDI RAMY G & 126 CECILIA C 2779 MORGAN DR SAN RAMON, CA TURNBERRY 127 LN 2914 SPARTACUS 128 STONE GORDON T & DR TX STONEHENGE 129 OJEDA JOSE G DR TX MCGEE CARL M & 130 BARBARA A PO BOX TX CARRERA MARIA G 331 GREGORY LN TX MUADDI RAMY 132 GABRIEL & 2779 MORGAN DR SAN RAMON, CA LBJ FWY STE 133 FOX & JACOBS INC 700 DALLAS, TX RIVERA JUAN A & 134 NORMA A 313 S HOLIDAY DR TX ALLEN DEWEL 135 DWAYNE & 417 S HOLIDAY DR TX GALLAHER ELMER G 410 BUENA DR TX MATAGORDA 137 MORA DIANA G & CT TX TUCKER LESTER & 3134 CHRISTOPHER 138 MARY ST TX MACKEY LUCILA & 3169 CHRISTOPHER ST SOUTHLAKE, TX TX

136 140 MAI THANH 3122 CHRISTOPHER ST TX BARRERA JUAN A & 3142 CHRISTOPHER ST TX VEGA ELENA 3146 CHRISTOPHER ST TX CHRISTOPHER ST GRAND PRAIRIE, TX CURTS DR GRAND PRAIRIE, TX ESQUIEL EZEQUIEL 8234 TOMBSTONE 145 & SAN J DR ARLINGTON, TX GRAND PRAIRIE CITY OF 317 COLLEGE ST TX RACQUET CLUB DR GRAND PRAIRIE, TX 148 BROOKS RICHARD W PO BOX 498 FORNEY, TX SMITH GLORIA D 408 W WARRIOR TRL TX PHAN AMY D PO BOX ARLINGTON, TX NOLASCO GLENN & 3229 WUTHERING 151 CRIZORA CIR TX W WARRIOR 152 RUELAS JORGE LUIS TRL TX JENSEN RAYMOND 153 LEE 520 CORTEZ RD ARCADIA, CA BROOKS RICHARD W & PO BOX 498 FORNEY, TX GREEN DUNCANVILLE, 155 DELISE JOHN R & VALLEY PL TX HALL STEPHANIE 156 LIV TR & 410 N HOLIDAY DR TX SMITH JAMES EDWIN 301 WILDFLOWER DR TX JOHNSON DORETHA 302 GLENDALE DR TX GUERRERO 1706 GENTLE WIND 159 JACQUELINE & DR ARLINGTON, TX JUAREZ JUAN G 401 S HOLIDAY DR TX WILLIS JAMES 161 RANDALL & 405 S HOLIDAY DR TX GONZALEZ CLAUDIA N 4751 LA RUE ST DALLAS, TX NANG CHONG CHEN & 3130 CHRISTOPHER ST TX

137 164 ROSALES CECELIA 165 REYES ANTONIO 3170 CHRISTOPHER ST 3165 CHRISTOPHER ST TX TX

138 CITY COUNCIL COMMUNICATION From: The Office of the City Manager Date: Subject: Agenda Item No. D.5 TA Text Amendment - Article 4, "Permissible Uses," of the Unified Development Code (UDC). Consideration of a request to amend Section 9, "Small Wind Energy Systems," of Article 4, "Permissible Uses" of the UDC. This amendment will add provisions for rooftop mounted wind turbines, historic/culturally significant structures and additional safety language. On October 5, 2009, the Planning and Zoning Commission recommended approval of this request by a vote of 8-0. PRESENTER: Chief City Planner Kevin Lasher OVERVIEW: Amendments to Article 4, Permissible Uses, Section 9, Small Wind Energy Systems of the Unified Development Code are being proposed to provide for the addition of provisions for rooftop mounted wind turbines, historic/culturally significant structures and additional safety language. The proposed amendments are shown in the attached draft ordinance. Proposed additions of text are shown in shaded, bold, italicized print. On August 25 of this year, a review and briefing was held by the City Manager s staff before the City Council Development Committee for consideration of initiating said amendments to Article 4. After consideration of these amendments, the City Council Development Committee directed staff to prepare an ordinance amending Article 4, Section 9, Small Wind Energy Systems for submittal to the Planning and Zoning Commission for consideration of a recommendation to the City Council. 1. Section A of the proposed revisions will add protection for historic or culturally significant structures, vistas and landscapes. These protections are currently in place for areas within 300 feet of proposed telecommunication towers. 2. Section K will include additional safety language to address an automatic shut off and lock on the turbine if there is a power loss. If there is a power outage, the turbine will need to shut down and lock itself off until it is restored. This is to prevent back feeding the utility lines and possibly hurting someone working on them up-stream.

139 3. Section A, B & C of the proposed revisions will allow rooftop-mounted wind turbines, in non-residential districts (CBD-3, CBD-4, HC, LI and HI) with an SUP. 4. Section I has a proposed additional diagram to show the recommended height to distance relationship between towers and adjacent structures. Adding this diagram was recommended at the March 5, 2009 City Council Development Committee meeting. 5. Section has three proposed new definitions: Rooftop Mounted Wind Turbines, Setbacks and Tower Mounted Wind Turbines. The proposed text amendment was reviewed at the September 24, 2009 Development Review Committee meeting, and was sent forward to the Planning and Zoning Commission as shown. RECOMMENDATION: The Development Review Committee recommends approval of the noted amendments to Article 4, Permissible Uses, Section 9, Small Wind Energy Systems of the Unified Development Code as shown in the attached draft ordinance.

140 ORDINANCE NO. #### AMENDING ARTICLE 4, SMALL WIND ENERGY SYSTEMS OF THE UNIFIED DEVELOPMENT CODE, ESTABLISHED BY ORDINANCE NUMBER 4779, PASSED ON NOVEMBER 20, 1990, TO PROVIDE FOR THE ADDITION OF TEXT AFFECTING SMALL WIND ENERGY SYSTEMS; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND TO BECOME EFFECTIVE UPON ITS PASSAGE AND APPROVAL. WHEREAS, Section of the Unified Development Code of the City of Grand Prairie, Texas states: Amendments to the text of the Unified Development Code shall be initiated only by action of the City Council directing the City Manager to initiate such a request on be-half of the City or by the City Manager's own initiative; and WHEREAS, on August 25, 2009, a review and briefing was held by the City Manager s staff before the City Council Development Committee of the City of Grand Prairie, Texas for consideration of initiating said amendments to Article 4, Permissible Uses, Section 9, Small Wind Energy Systems; and WHEREAS, after consideration of said amendments, the City Council Development Committee of the City of Grand Prairie, Texas directed the City Manager to initiate the preparation of an ordinance amending Article 4, Permissible Uses, Section 9, Small Wind Energy Systems for submittal to the Planning and Zoning Commission of Grand Prairie, Texas for consideration of a recommendation to the City Council; and WHEREAS, Notice was given of a public hearing on said amendments to be held by the Planning and Zoning Commission of Grand Prairie, Texas, in the City Hall Plaza Building at 7:00 o'clock P.M. on October 5, 2009, such Notice of the time and place of such hearing having been given at least ten (10) days prior to such hearing by publication in the Fort Worth Star Telegram, Fort Worth, Texas, a newspaper of general circulation in such municipality; and WHEREAS, after consideration of said amendment, the Planning and Zoning Commission of the City of Grand Prairie, Texas voted 8 to 0 to recommend to the City Council of Grand Prairie, Texas, that said amendments should be approved since its provisions are in the public interest and will promote the health, safety and welfare of the community; and WHEREAS, Notice was given of a further public hearing to be held by the City Council of the City of Grand Prairie, Texas, in the City Hall Plaza Building at 6:30 o'clock P.M. on October 20, 2009, to consider the advisability of amending the Zoning Ordinance as recommended by the Planning and Zoning Commission, such Notice of the time and place of such hearing having been given at least fifteen (15) days prior to such hearing by publication in the Fort Worth Star Telegram, Fort Worth, Texas, a newspaper of general circulation in such municipality.

141 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS: SECTION 1. THAT Section 9 of Article 4, Permissible Uses, of the Unified Development Code shall be amended to provide a purpose section, to allow rooftop mounted wind turbines, to protect historic/culturally significant structures, to add a diagram, and to amend the definitions section, with proposed additions of text being shown in shaded bold, italicized print: SECTION 9 SMALL WIND ENERGY SYSTEMS The purpose of this Section is to establish guidelines regulating the location of wind turbines, their supporting towers, and all accessory equipment with the objective to protect and promote public safety, and to mitigate any adverse visual impacts on the community while promoting the provision of this renewable energy source to the public Small wind energy systems shall require a Specific Use Permit (SUP)in all zoning districts and flood plain areas and shall contain a minimum lot size of two (2) acres subject to certain requirements as set forth below: A. An operational plan is required with the SUP application and shall include the following: 1. Property lines and physical dimensions of the property, 2. Location, dimensions, and types of existing major structures on the property, 3. Location of the proposed wind system tower, 4. The public rights-of-way that are contiguous with the property, 5. Overhead utility lines, 6. Wind system specifications, including manufacturer and model, rotor diameter, tower height, and tower type, 7. Tower foundation blueprints or drawings, 8. Tower blueprint or drawing. B. Wind towers and generators proposed to be installed within the 100 year floodplain shall have approval of the Engineering Division and, where applicable, the U.S. Army Corps of Engineers. Such tower sites shall take such measures, as

142 required by the Engineering Division, to protect the sites from damage from potential flooding. The Engineering Division shall require a floodplain permit and, where applicable, a Corridor Development Certificate shall be obtained from the Engineering Division. C. If the plan is approved, the City will return one signed copy of the operational plan to the owner and will retain the other copy with the original application. D. If the application is rejected, the City will notify the applicant in writing and provide a written record of the hearing at which the application was rejected. If the specified deficiencies are resolved, the applicant may reapply after one year from the submittal date. E. For property sizes between two (2) and three (3) acres in area, the tower height shall be a maximum of 80 feet. For property sizes greater than three (3) acres in area, the tower height shall not exceed 150 feet. F. Small wind energy systems must comply with applicable Federal Aviation Administration (FAA) regulations, including any necessary approvals for installations close to airports. G. The tower for a small wind energy system shall be setback a distance equal to 1.25 times the tower height from all property lines, public rights-of-way and occupied buildings. No part of the wind system structure, including guy wire anchors, may extend closer than fifteen (15) feet to the property boundaries of the installation site. H. The tower for a small wind energy system will be setback a distance equal to 1.25 times the tower height from any overhead utility lines, unless written permission is granted by the affected utility. I. The minimum height of the lowest part of the rotor shall be either 30 feet above the highest structure allowed under the zoning district requirement, or potential tree height, whichever is higher, if it is within 300 feet of any property line. Association Diagram - American Wind Energy